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Archive for the ‘Child Custody’ Category

Divorce is for Adults

Posted on: June 6th, 2017 by Scott Law

Marriage……People meet, fall in love, get married, have children and often grow together from young adults into full-fledged grown-ups.  Whether the marriage is short or spans several decades, divorce is not something that anyone enters into a marriage anticipating.  When a marriage reaches a point where divorce is inevitable, emotions run high and mistakes are commonly made.  Divorce is for adults, and it is important to remember that adults make mistakes too and it is okay.  Some common mistakes attorneys see and hope parties can avoid are:

 

Bad Behavior on Social Media and Text

 

Your Facebook, Instagram, Twitter, and other social media posts can be seen by your friends, family and oftentimes by others you are not even aware of.  So, before you post pictures of you and your friends out partying, remember that that the pictures could easily be screenshotted and provided as evidence in your case.  Any statements made on social media about the other party, your children, or anything relevant to your case can also be used.  If you want the court to take you seriously, to view you as a mature parent with good judgment, don’t post it.  If you do not want the court to know about it, don’t post it.  

 

Charge it!

 

I remember an episode from the Flintstones cartoon where Betty and Wilma go on a shopping spree racking up a huge credit card bill.  “Charge it!”  The two women were yelling.  This is definitely behavior to avoid.  Sometimes people think that they can create a huge debt just before the divorce is filed and cause the other party to have to pay.  What they don’t know is that the court can look at this behavior and the other party can allege waste and spending in contemplation of divorce.  It is highly possible that you will be stuck with all of those bills.  What is worse is that you are likely going to need the credit cards for divorce-related expenses like legal fees, moving expenses, and rent.  Be smart about your finances and utilize your accounts in a mature, adult way.  

 

Oops!

 

Mistakes are inevitable.  Adults are human and sometimes we do things we later wish we had not.  The problem arises when a party makes a mistake more than once.  A party who bad-mouths the other party over text will likely be admonished by their attorney.  They apologize and the matter is dealt with.  A party that fails to follow the advice of the attorney and continues to bad-mouth the other party over text, should not expect the same level of acceptance from their attorney or the court.  As an adult, when making a mistake, one should follow three simple rules:

  1. Own your mistake.
  2. Learn from your mistake.
  3. Move past your mistake.  

As an attorney, there is no better evidence in court than a party who is constantly repeating the same bad behavior.  A person who refuses to learn from their mistake shows instability and immaturity to the Court.  Remember, going through a divorce does not give you a free pass for making dumb mistakes.  The fact that you are going through a divorce gives you even more reason to be careful and on your best behavior.  Be the bigger person and go through your divorce as an adult.  

Why You Should Do Your Research Before Hiring A Family Lawyer

Posted on: June 27th, 2016 by Scott Law

If you are facing legal problems that are complex, you should think about hiring an attorney. Lawyers do more than represent their clients in the court of law. They offer strategic advice and even serve as a legal coach. To find the right person for the job, do your research before hiring a family lawyer.

Locating a qualified attorney can efficiently help solve your legal issues. Whether you are separating from your partner, or fighting for custody of your children, it will take more than a good lawyer to win your case. There are various ways you can find a family attorney, some of which are outlined below.

A good approach is to get referrals from people who have used the same attorney. This increases the chance of coming away with several good leads. However, try not to make a hasty decision solely based on the recommendation of someone you know. It is best to determine whether you feel completely at ease with the potential attorney before working with him or her.

Online websites offer connections based on your location and legal case. All you need to do is fill out the answers to some questions and obtain contact information of a local family law office. There is also the Web directory offering a comprehensive profile of the relevant attorneys.

Each profile reveals how much experience the lawyer has as well as his or her fees. Remember to check every listed attorney’s license to ensure they are in good standing. There is also the lawyer referral service that provides a full list of all the approved legal professionals by the state bar association. You can screen each attorney based on their qualifications and past experience.

Perhaps the only downside to a lawyer referral service is that no matter how much insight you get about the credentials of these legal professionals, you will not be able to determine how aggressive their personality is or how competent they are in their job. This is only possible if you spend a few hours with one of these professionals discussing the case in detail. Once you have gathered the names of several good prospects, the next step is to contact each one. Most attorneys are willing to arrange a free consultation to allow their prospective clients to make an informed decision about them.

When you meet up with the lawyer, pay particular attention to how comfortable you feel in their presence. No matter how experienced this person is, if you don’t feel at ease with them during the first meeting, it is best to move on. Always go with your instincts and seek an attorney whose personality is compatible with yours. Look for rapport and experience before making a decision.

Communication is another important factor that must be discussed on the first meeting. Ask the potential attorney how you will be able to contact them. Never assume that you can reach them any time you want as they may be involved in other cases. Just because the attorney is easy to talk to and friendly, it does not mean that they will be a good match for you if they are hard to reach when you need them.

Using What You Know In The Legal System

Posted on: February 4th, 2016 by Scott Law

Everyone talks about the law, but how many people actually know about the realities of the law? If you have a family law situation in Peoria that requires a custody  attorney, then you need an experienced Peoria family lawyer to help guide you through the maze of the legal system.  One of the biggest problems that non-lawyers face has to deal with a system that does not work in their best interests.

That is what Scott Law Offices are here for. They have a strong background in dealing with a wide variety of family situations, from custody disputes to child support. Issues in the family court system can cause serious emotional and financial hardship for those not familiar with the system.

One of the simplest questions to ask someone who is not familiar with the legal system is, “Where should I go for help with a family legal dispute?” The answer is in most cases, a lawyer. Any information you give to the police can be used in ways that may not be helpful, even if you are telling the absolute truth. This is one of the reasons you should take seriously your right to legal counsel before saying anything. It is a Constitutional right, and is one that is so often overlooked it has adversely affected the lives of thousands of people.

Much of the information people get about the legal system comes from television and movies. Courtrooms are rarely the place for the kind of drama seen on the most popular television shows. What people need when facing the reality of a family court dispute is a qualified and experienced legal team that is committed to the rights and defense of their client. Scott Law is one such group of legal professionals.

But the average person does have a certain amount of knowledge that can be used to their advantage when involved in a legal proceeding,

There are many details that people overlook when encountering a legal situation. Many of these people are encountering a serious legal situation for the first time. It is always better to hire quality legal counsel who will be able to work with you and act in your best interests.  When it comes to finding a Peoria family lawyer your best interests will be served by Scott Law Offices.

Domestic Violence and Family Court

Posted on: September 26th, 2013 by Scott Law

Every year more than three million children witness domestic violence in the home. These children tend to experience abuse or neglect at high rates. Studies have found that children who are exposed to domestic violence at home are more likely to have health problems and are at risk of suffering injuries themselves in many circumstances. More than 60% of domestic violence incidents happen at home. Without help, children exposed to domestic violence in the home are more likely to commit acts of domestic violence in their future. In order to stop the cycle of domestic violence, it is important for incidents of abuse to be reported and for the court to intervene.

Orders of Protection can be the first step towards acting against domestic violence in the home. An order of protection is issued through the court to protect a person where they live, work, go to school and even prevents telephone and electronic contact. Such orders can be issued to protect the victim of the abuse as well as the children exposed to it. In an order of protecting hearing it is important that your Phoenix family law firm understands the sensitive issues involved and the scope of the hearing.

Once the safety concerns are addressed, family court involvement is often the next step. A Phoenix divorce attorney with experience in high conflict divorce cases can assist in ensuring that the proper orders are requested and that the court is aware of the serious allegations involved in the case. There are many tools available to the family court in domestic violence cases to ensure that the violence ends and safeguards are in place.

If the threat is severe, you may choose to press criminal charges. Before doing so, it is advisable to seek the advice of your divorce attorney in Arizona. Keeping organized and creating a list of all the facts prior to preparing a complaint against partner can be the difference between the court taking action or not. One should never limit their complaint to just the end result. Most often, an incident of domestic violence starts with very minute issues that escalate over time. Such details could later prove helpful during the divorce process. Safety is the primary goal. Seeking help right away and reporting acts of abuse can help avoid future incidents.

For more information on orders of protection, domestic violence representation and high conflict divorce or custody cases contact Scott Law Offices.

Flexibility and Co-Parenting

Posted on: September 19th, 2013 by Scott Law

Parents that choose to separate or divorce are required to stay in contact for matters involving the children. The relationship does not simply end. Communication is required to discuss matters affecting the children, to arrange parenting time and to effectively co-parent. The parents will be linked to each other indefinitely through their children, grandchildren and great-grandchildren. Therefore, it is important in any custody case for the parties to put the past behind them and allow some flexibility.

Keeping in mind factors like each other’s work schedule, work location, home location, school location and the children’s activities, parties can work together to establish the best visitation schedule for kids. Building a routine that your children can easily become accustomed to will allow for that schedule to be an integral part of their lives. Parties that are able to effectively communicate and work together for the sake of the children are often able to agree to deviate from the court ordered schedule. Exchanging days or allowing additional days can be very important when dealing with work, school, activity, holiday and vacation schedules. The hope is that if one parent is accomodating of issues as they arise, that the other parent will give the same courtesy in the future. This ability to be flexible after having gone through a divorce or custody dispute will allow for better co-parenting and a better relationship between all involved.

Ultimately, it is up to you and your former partner to decide what works best for you and your children. Communication is of the utmost importance and is the only way that flexibility can be achieved. The best visitation schedule for kids is always the one that makes them feel close to both the parents. Contact your local Glendale custody lawyer and the Glendale law firm of Scott Law Offices for more information and ideas regarding parenting time schedules and the best visitation schedule for kids.

Collaborative Divorce – When Out of Court Settlement is Right

Posted on: September 9th, 2013 by Scott Law

Any divorce can end bitterly when the people involved build resentment and hatred towards each other. This only leads to stress, anxiety and numerous visits to the family court, where ultimately, the judge decides how you should share your property and even your kids. If this is something you want to avoid, a divorce settlement out of court is the best option.

When you are not sure what path you would like your divorce to take, ask yourself some questions. Do you want to go to court? Do you and your partner agree on how the property and debts should be divided and want to end the marriage amicably? Does the love that each of you have for your children motivate you and your ex-spouse to sit together in an attempt to decide how the children should be raised after the divorce, rather than let a judge decide?

A settlement of divorce out of court does not necessarily mean that you will not get a fair deal. In fact, out of court settlements give you the flexibility to compromise and make decisions that fit your children and the parents needs. Knowing that you have control over the final outcome of your case due to the settlement should greatly reduce any stress or anxiety you have experienced from the divorce. However, while divorce settlement is a very desirable option, it is important to understand the Arizona family law and your rights fully before making any decisions. An Anthem divorce lawyer, Phoenix divorce lawyer, Peoria divorce lawyer or lawyer in your area can assist you in reviewing the agreement you have reached, negotiating any outstanding items and drafting the necessary legal documents to finalize your divorce and protect your rights.

Divorce is not simple. It can be a frightening transition in your life, and a very stressful experience. Going to family court to fight against your partner is necessary in many cases, and can be the difference between having a future friendship with your ex-spouse or not. When parents have children together, those children will have many milestones in their lives that they would love to share with both parents without tension or worry. It places a great deal of stress on the child when they are forced to worry about how their parents will behave around eachother. An out of court settlement could be the difference between having a resentful relationship with your ex-spouse or one that is built on respect and healthy communication.

If you are interested in more information regarding divorce settlement, contact your Glendale divorce lawyers at Scott Law Offices to ensure you understand the law and are protecting your rights.

Are You Getting Enough Parenting Time?

Posted on: September 5th, 2013 by Scott Law

Divorce can lead to a loss of child custody. When your ex-spouse is awareded the custody of your children, all that you are left with is parenting time. Parenting time, which is often referred to as visitation, refers to the time that the non-custodial parent gets to spend with the child/children. Considering the information available and the arguments made by your Phoenix attorney for custody, the court will determine the parenting time in the best interests of the child.

Arizona State laws recommend that parenting time should be planned based upon on the age of the children and their requirements. The custodial parent alone, or together with the other parent, can use the Arizona sample parenting time plans to determine the best visitation schedule for kids. As the non-custodial parent, you may have to change your own plans and schedule to accomodate the visitation schedule. If your ex-spouse is cooperative, you can plan the parenting time such that everyone is happy.

If your ex-spouse is being troublesome, you could end up with unfair visitation arrangements. The only way to avoid that is to seek the help of an attorney for family law in Anthem or the city you reside in and find ways to get sufficient amount of parenting time. Remember that you and your child both have a right to spend quality time with each other, which should be the aim of your custody battle.

Once you figure out a schedule that is feasible for both you and your kids, try to stick to the schedule as close as possible. This is perhaps the best way to earn the trust of the kids and even the other parent, which can be helpful when you want to petition for more parenting time.

For more information on parenting plans in Arizona, contact Scott Law Offices.

Understanding Contempt of Court After Divorce

Posted on: August 28th, 2013 by Scott Law

When the court grants a divorce in Arizona, it has the power to enforce all orders that are entered for the couple of the divorce. If one of the parties violates any part of the agreement without the court’s permission, then that party is said to be in contempt of the court and can have sanctions issued against them.  These sanctions can range from monetary orders to incarceration.

 

If your former spouse has violated the court’s decree, your Glendale Divorce Attorney can petition the Court to enforce the Court’s orders and hold the other party in contempt. The copy of the Petition is then served to your ex-spouse. Your attorney will work to clearly specify the violation committed by your former spouse. Your attorney will collect evidence to prove the allegation in court. The most common violations seen are in the areas of visitation, child support, child custody, and property distribution.

 

If your ex-partner is found responsible by the court, then he or she is usually ordered to comply with the orders of the Decree and may be required to pay for your attorneys fees and costs or have other sanctions assessed against them.  The violating spouse can avoid a jail term if he or she immediately complies or asks for a reasonable amount of time in order to do so.

 

Proving contempt of court after divorce is not easy.  If you are interested in more information on contempt and enforcement proceedings contact the Glendale Arizona Law Office of Scott Law Offices for your free consultation. 

Factors Considered By The Court While Granting Joint Custody In Arizona

Posted on: July 17th, 2013 by Scott Law

Like any other state, Arizona gives highest priority to the best interests of the child when granting custody to the parents. Before the parents file for joint custody in Arizona, there are certain aspects they must be familiar with so that the entire process is smooth. When granting joint custody, or joint legal decision making authority, the court takes into consideration several factors which are discussed below.

 

The court will first check if there is an agreement between the parents to  joint legal custody of the child. If the court finds that there is a disagreement, it then analyzes the basis for it. It checks whether the lack of agreement is reasonable or not. Further, it examines whether the reason for disagreement is in anyway related to the best interests of the child. The feasibility of the joint custody arrangement is also checked. The court will also examine whether the parents can communicate in an effective and cooperative manner when it comes to custody sharing.

 

Apart from this, the court also looks into factors that might endanger the child in any way. It is examines whether any of the parents has a history of drug and alcohol abuse,  violence or any criminal convictions. The court will consider a person’s history before granting or denying custody to a parent.  The court can look to the parent’s behavior as a whole and consider any counseling, classes, community service and therapy that the parent has participated in.  The court is entrusted with the very sensitive job of deciding whether a parent is fit to make legal decisions regarding their minor children and whether the parents are able to make these decisions together. 

 

When going through a Divorce or Custody case in the North Valley, it is important to have an experienced Glendale Divorce Attorney or Custody Attorney in Desert Ridge to assist you in working towards a custody arrangement in the best interests of your children. 

Divorce Mediation and Its Advantages

Posted on: May 30th, 2013 by Scott Law

Divorce mediation is a way of finding solutions to issues like spousal support and child support payments. The mediation occurs out of the courtroom where both parties and their divorce attorneys in Arizona meet the court-appointed third-party who acts as the mediator. The mediator is a neutral person who assists the parties involved in reaching a settlement. The divorcing couple gets an opportunity to sort out issues and come to an agreement on various issues. The mediator can only offer an opinion during the process and cannot force an agreement on the parties.

Advantages of  Divorce Mediation

A successful divorce mediation saves both time and money. Through mediation, a couple can sidestep the long divorce court process saving their time as well as the family court’s time and resources. The fees paid to the lawyer would also be relatively less. Since the mediator is a third-party who has absolutely nothing to gain from the outcome of mediation, it is fair to all. Also, the objectivity with which the mediator views the issues enables him/her to come up with solutions that the divorcing couple often cannot.

The entire mediation process is confidential. There would be no court reporter recording everything that is said during the process. Essentially there would be no “airing dirty laundry” in public as this is a settlement of divorce out of court. If the entire process goes smoothly, you would hopefully be able to maintain a cordial relationship with your former spouse after divorce. Mediation also helps reduce the tension often involved in court proceedings.

Scott Law Offices is committed to working with clients to negotiate the best possible resolution in every case and is prepared to litigate to protect the rights of our clients.  Contact our office for a free consultation.