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Three Steps To Coming Up With A Workable Visitation Schedule

As every parent knows, you can’t split a child in half. This means when a couple divorces, a workable child custody and parenting time schedule must be put in place. Gone are the days where mothers were granted sole custody with fathers being given visitation every other weekend, a few holidays, and a couple of weeks during the summer break from school. In today’s world, parents are sharing time equally with their children and participating in co-parenting activities at an increasing rate.

The Arizona statutes set forth the rules and procedures that are used in every divorce case. There are provisions regarding property distribution, powers of the Court, and all things relating to your kids. The laws are long and complex, but a quick three steps to coming up with a custody and visitation schedule that works includes:

  • Considering the preference of the child. This is appropriate when dealing with older, more mature children.
  • Taking a look at the ability of the custodial parent to provide for the financial needs of the kids.
  • Accounting for any special needs of the children, whether physically or emotionally.

In some cases both parents are equally qualified to provide care for the kids so the Court might enter an order of joint custody. Doing so will eliminate the need for payment of child support, since both parents are giving equal time to the children. When joint custody is not a possibility, liberal visitation is typically granted. When the parties work together to make decisions regarding important issues for their kids’ welfare the result is a happier, healthier child and a more harmonious living environment for everyone.

If you have questions about child custody and visitation, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix, Scottsdale, Paradise Valley and the West Valley today to schedule your appointment.

When Is It OK To Skip Visitation?

Let’s face it, your life is busy. And, as your kids get older their lives become busy as well. Many times the activities your children participate in can make sticking to a set visitation schedule difficult. It can be hard to know what to do in these circumstances, because you do not want to risk your ex claiming you are violating the visitation order. The best thing to do is to try and talk it out and make alternate arrangements. When that is not possible, you may have to seek a modification of the schedule.

A parenting plan is established when your divorce is finalized. Typical considerations when developing a plan that works include:

● Family dynamics, such as whether there are stepparents or siblings.

● Whether the case is hotly contested, or whether the parents are able to get along             and effectively communicate.

● The existence of any special needs for the children.

● The geographic distance between the parents’ homes.

● The wishes of the child when it is appropriate to consider the same, this most                  generally arise when dealing with older children.

A lot of hard work goes into coming up with a parenting plan that works for both parents, while taking the best interests of the children into account. Keep in mind Courts are aware circumstances change and that when they do the parties may seek changes in visitation orders. Presenting evidence that shows your need for a change is the first step in having a change made. Call one of our trained family law professionals today for a review of your case and to develop a strategy that fits your particular facts.

If you have questions about how to make changes to a visitation schedule, consult a qualified legal professional. Let us put our experience to work for you. Call The Sampair Group in Phoenix and the West Valley today to schedule your appointment.

 

Out Of State Child Visitation Concerns

When a couple divorces it is not uncommon for one of the parents to move out of state. This can create problems with visitation, especially if the distance between families is great. These circumstances can also make it hard for the kids to maintain a regular visitation schedule with the out of state parent, which may lead to a breakdown in the parent/child relationship. In order to avoid that harmful result, it is critical to account for the possibility of a parent moving to another state when the divorce is finalized. You can do this in your decree, and should also be aware of the dangers of failing to do so.

Possible consequences of moving out of state and away from your children include:

 

● A lack of a parental figure, whether mother or father, in your child’s life.

● Difficulty in maintaining a strong relationship with your kids, or continuing to build on an already existing strong foundation.

● The possibility of losing parental authority with your child, especially as your kids enter their teen years and are likely to rebel.

The costs associated with long distance travel is also a consideration. For some families the finances are such that expensive airline tickets are out of reach. Be sure these types of concerns are addressed when your divorce is final, so you can have a plan for how travel costs are covered. A popular solution, when geographically possible, is for the parties to meet half way for drop off and pick up of children at a scheduled visitation. To make sure all contingencies are covered, partner with a skilled family law attorney to protect yourself and your kids.

For more information about divorce and out of state child visitation, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

What To Do When One Parent Moves Out Of State

We are a mobile society and rarely do families put down roots in one city or state and remain there for life. This is especially true when a couple divorces and many children live with one parent while the other is out of state. Coming up with a visitation schedule that works when one parent moves out of state takes careful planning. It is important to allow the children to spend time with both parents and maintain a strong relationship. The Courts take the need for both parents to play an active role in their kids’ lives seriously and enter orders that are in the best interests of the children.

While the laws of the state govern how a custody plan is made, there are some things that should be considered that are not found in the law books. These tips on what to do when one parent moves out of state will help you to develop a visitation plan that fits your needs:

 

● Consider the distance and your child’s age, keeping in mind that if air travel is required the rules of the air for an unaccompanied minor come into play.

● Staying overnight for an extended period of time can be hard on younger children, especially in unfamiliar surroundings. Preparing your child for what to expect in the weeks leading up to an out of state visit can go a long way in calming nerves.

● Have a plan for who will pay for expensive travel, or make arrangements to meet half way to cut down on expenses.

When necessary you can seek specific orders for your circumstances. In cases where the distance makes visitation difficult a modification of the custody and visitation schedule may be in order. The need to make a modification usually arises after the divorce is final and one parent moves out of state for work or remarriage. Asking the Court to take another look at previously entered orders requires filing a motion for modification and requires a showing as to why the change is needed. Our team of experienced family law attorneys can help you.

For more information about child custody and visitation for an out of state parent, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

Out Of State Child Visitation Concerns

When a couple divorces it is not uncommon for one of the parents to move out of state. This can create problems with parenting time, especially if the distance between families is great. These circumstances can also make it hard for the kids to maintain a regular visitation schedule with the out of state parent, which may lead to a breakdown in the parent/child relationship. In order to avoid that harmful result, it is critical to account for the possibility of a parent moving to another state when the divorce is finalized. You can do this in your decree, and should also be aware of the dangers of failing to do so.

Possible consequences of moving out of state and away from your children include:

● A lack of a parental figure, whether mother or father, in your child’s life.

● Difficulty in maintaining a strong relationship with your kids, or continuing to build on an already existing strong foundation.

● The possibility of losing parental authority with your child, especially as your kids enter their teen years and are likely to rebel.

The costs associated with long distance travel is also a consideration. For some families the finances are such that expensive airline tickets are out of reach. Be sure these types of concerns are addressed when your divorce is final, so you can have a plan for how travel costs are covered. A popular solution, when geographically possible, is for the parties to meet half way for drop off and pick up of children at a scheduled visitation. To make sure all contingencies are covered, partner with a skilled family law attorney to protect yourself and your kids.

For more information about divorce and out of state child visitation, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

What To Do When One Parent Moves Out Of State

We are a mobile society and rarely do families put down roots in one city or state and remain there for life. This is especially true when a couple divorces and many children live with one parent while the other is out of state. Coming up with a visitation schedule that works when one parent moves out of state takes careful planning. It is important to allow the children to spend time with both parents and maintain a strong relationship. The Courts take the need for both parents to play an active role in their kids’ lives seriously and enter orders that are in the best interests of the children.

While the laws of the state govern how a custody plan is made, there are some things that should be considered that are not found in the law books. These tips on what to do when one parent moves out of state will help you to develop a visitation plan that fits your needs:

● Consider the distance and your child’s age, keeping in mind that if air travel is required the rules of the air for an unaccompanied minor come into play.

● Staying overnight for an extended period of time can be hard on younger children, especially in unfamiliar surroundings. Preparing your child for what to expect in the weeks leading up to an out of state visit can go a long way in calming nerves.

● Have a plan for who will pay for expensive travel, or make arrangements to meet half way to cut down on expenses.

When necessary you can seek specific orders for your circumstances. In cases where the distance makes visitation difficult a modification of the custody and visitation schedule may be in order. The need to make a modification usually arises after the divorce is final and one parent moves out of state for work or remarriage. Asking the Court to take another look at previously entered orders requires filing a motion for modification and requires a showing as to why the change is needed. Our team of experienced family law attorneys can help you.

For more information about child custody and visitation for an out of state parent, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

Three Steps To Coming Up With A Workable Visitation Schedule

As every parent knows, you can’t split a child in half. This means when a couple divorces, a workable child custody and parenting time schedule must be put in place. Gone are the days where mothers were granted sole custody with fathers being given visitation every other weekend, a few holidays, and a couple of weeks during the summer break from school. In today’s world, parents are sharing time equally with their children and participating in co-parenting activities at an increasing rate.

The Arizona statutes set forth the rules and procedures that are used in every divorce case. There are provisions regarding property distribution, powers of the Court, and all things relating to your kids. The laws are long and complex, but a quick three steps to coming up with a custody and visitation schedule that works includes:

● Considering the preference of the child. This is appropriate when dealing with older, more mature children.

● Taking a look at the ability of the custodial parent to provide for the financial needs of the kids.

● Accounting for any special needs of the children, whether physically or emotionally.

In some cases both parents are equally qualified to provide care for the kids so the Court might enter an order of joint custody. Doing so will eliminate the need for payment of child support, since both parents are giving equal time to the children. When joint custody is not a possibility, liberal visitation is typically granted. When the parties work together to make decisions regarding important issues for their kids’ welfare the result is a happier, healthier child and a more harmonious living environment for everyone.

If you have questions about child custody and visitation, consult a qualified legal professional. Let us put our experience to work for you. Call the Sampair Group in Phoenix and the West Valley today to schedule your appointment.

What Do I Do If My Kids Refuse to See Me?

7857032_sIf your parenting plan places you in the position of being the noncustodial parent, you will have regularly scheduled parenting time with your children. Having scheduled time with your children is supposed to ensure you will have an ongoing relationship with your kids. Unfortunately, sometimes children have minds of their own. It’s not uncommon for a child (school age, preteen or teen) to refuse to go to the other parent’s home. Sometimes there is an explanation (whether or not it is valid) and sometimes there is simply no reason offered. When your child suddenly decides he doesn’t want to see you, it can feel like your heart is being ripped out. So what can you do?

–        If you believe your ex is somehow manipulating your child into refusing to go, you need to talk to your attorney. Your parenting time is enforceable.

–        If you know the refusal is coming from your child, try to talk with your ex to see if the two of you can figure out what the root of the problem is. Sometimes there are problems that can be fixed (such as a child not wanting to miss soccer practice or complaints about the bed at the noncustodial parent’s home).

–        Try to form a united front with your ex. If you both insist the schedule will be followed, there is little your child can do about it. Eventually the child will adjust to the situation. Sometimes toughing it out can work.

–        If your child sees a therapist (a good idea for many children in a divorce), let the therapist know what’s going on and ask for assistance.

–        Sometimes just taking a mutually agreed upon break from parenting time can work, but it is important that you do not stop using your parenting  time so that it will not appear to a court that you are not using it.

–        The last option is to get the police involved but only if your ex is clearly denying you your court ordered parenting time. The courts frown upon getting the police involved in parenting time issues because of the negative affect it has on the children. Therefore police should only be used as a last, near desperate, resort.

If you are facing difficulties with visitation, the Sampair Group can help. Our attorneys serve the Mesa, Phoneix, and Glendale areas of Arizona. Call us now so we can help you.

How to Get Your Kids to Go on Visitation

ChildofDivorceAgreeing out your parenting time plan takes a lot of work and once it is in place, you hope things will go smoothly. While most kids adapt to the new schedule, some have some difficulty with it and some may even refuse to go on scheduled parenting time visits. Don’t be surprised if you are faced with tantrums, refusals to go with the other parent, refusals to communicate at all with the other parent, and complaints about how horrible visitation is. It’s really hard to make your child go when he makes it clear how much he does not want to. You’re torn between your child’s expressed desires and the court order.

The first thing to do is absolve yourself. “It’s not up to me,” you tell your child. “The judge decided this and it’s what we have to do.” If you and your spouse agreed to the plan then tell the child that you and the other parent think it is best for the child. You may also want to tell the child that you and the other parent can always change things if you both agree.  In this way to change it from being a power struggle between you and your child to a situation where you are working together to comply with something.  Compare it to going to school. Some days your child doesn’t want to go, but she has to.

You and your ex must present a unified front. You might have doubts about the plan, but in front of your child, you need to stand together and work to uphold it. If you have doubts, talk to your lawyer, but work to comply with the order until it is changed. If you and your ex are on the same page, your child cannot play one parent off the other.

Think about why your child is resisting. Often once your child gets to the other parent’s home, everything is fine, so it is the transition that is challenging. Find ways to improve the transition by picking a better time (when your child is not hungry, tired, or stressed) or a more neutral place. Do not use transitions as a time to discuss other issues with your ex (such as child support).

The Sampair Group is ready to be your advocate in your divorce or family court case. We serve all of Maricopa County, Arizona. Call us today.

Making the Most Out of Supervised Visitation (Part 2)

Continued from Part 1

Arizona child custody lawyerIf choosing a supervisor is an option made available to you, see if you can recommend a family member or close friend. This can make the situation a bit more comfortable rather than having a stranger in the room while you are trying to enjoy time with your child. Also, instead of having one or two supervisors available, see if you can have a pool of supervisors appointed to you. This allows for less risk of having your visitation cancelled if a supervisor cannot attend a visitation session.

During your visitation, do not discuss any problems between you and the other parent. This is time to be spent with your children and focus on them. Keep discussions to topics such as their schooling and activities they enjoy doing.

Use this time to strengthen your emotional bond with you children. Stay interested in what they talk about or what they play with, and use their interests to think of new ideas and things to do in future visitations.

Supervisors are appointed to not just ensure that parenting time is successful, but also to report back to the courts. Having a supervisor report back to the court about how strong of a relationship you are forming with your child can go a long way in counteracting any negative accusations from your ex.

Child custody can be tricky and complicated, but it’s important that you make the most of your supervised parenting time in such a way that you may eventually be able to get parenting time on your own terms without a supervisor. For more information regarding child custody and how your rights can be protected, contact a family law attorney at The Sampair Group. Visit www.sampair.com for more information.