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Archive for September, 2013

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.