Sampair Group

Glendale

(623) 777-3926

Scottsdale

(480) 613-4853

Chandler

(480) 618-7008
Call Us Now
Change isn't Always Negative we can help there is a positive future ahead
Change isn't Always Negative, we can help you move on there is a positive future ahead

What if My Ex is Violating Our Parenting time/Visitation Schedule?

Latest News

by

Going through a divorce when you have kids is especially rough. There are a lot more issues that have to be worked out when you and your soon-to-be-ex-spouse share children. Child support is one issue. Another is the parenting time/visitation schedule.

While your parenting time/visitation schedule might not be the best for you, it is crucial to continue to abide by it. After all, it isn’t just a suggestion. A parenting time/visitation schedule is part of a legal contract you enter with your ex and an enforceable court order. If either of you breaks it, there are consequences.

Today we’re going to look at what happens when your ex violates your parenting time/visitation schedule. To begin with, we’ll take a look at why parenting time/visitation schedules are so important and why violations are treated seriously. Then we’ll turn our attention to the ways that a parenting time/visitation schedule can be violated, as well as what steps you should take if your ex breaks your parenting time/visitation schedule.

Why Are Parenting Time/Visitation Schedules Important?

Some people just don’t seem to understand why a parenting time/visitation schedule is so important. It is much easier to see why child support is so important since it takes money to feed and clothe a child. But parenting time/visitation schedules are just as vital as child support is.

You and your ex’s parenting time/visitation schedule was likely created to offer each parent a fair amount of time with the child. Parenting time is essential in the eyes of the court. The courts believe that children benefit when they have a relationship with each parent, so they try to ensure that parenting time/visitation schedules reflect this belief.

But parenting time/visitation schedules can mean a lot to a parent. Taking care of a child is a lot of work, and the parent the child lives with is most likely to have a lot less free time on their hands because of the responsibility. Planning for personal time and experiences typically means scheduling things for when your ex has the child.

If your ex chooses not to show up when it is their time with the child, then plans will need to be adjusted. This isn’t fair to do to the other parent. It also isn’t fair to the children, as children in these situations often feel that they are to blame or that they are unwanted.

How Can a Parenting Time/Visitation Schedule Be Violated?

There are many ways that a parenting time/visitation schedule can be violated. Many people think that a violation of a parenting time/visitation schedule means one parent keeps the child longer than they are supposed to. This can be a violation of a parenting time/visitation schedule, but it is far from the only way to violate the schedule.

Another way to violate a parenting time/visitation schedule is to not pick up the child. When it is your ex’s time with the child, they are supposed to be there for it. However, it could also be a violation of the parenting time/ visitation schedule to insist on picking up or dropping off the child at a different location or time than what had been previously arranged.

Attempts to change a parenting time/visitation schedule may also be a violation of a parenting time/visitation schedule. A parenting time/visitation schedule can only legally be changed by seeking the authorization of the court.

Visiting or attempting to visit with the child outside of the parenting time/visitation could be considered a violation. However, this doesn’t mean that your ex and child might not end up in the same place at the same time. For example, your child might be out with a friend at the mall and run into your ex. This isn’t necessarily a violation of the schedule, though it could be if it were planned.

What Steps Should I Take if My Ex is Violating Our Parenting Time/Visitation Schedule?

If your ex is violating your parenting time/visitation schedule, then there are a number of steps that you can and should take to deal with it.

The first step is to document any violations. Note each and every violation and any reasons you were given for the violation, and be sure to note the dates. This lets you create a record of the violations, which can help you to show the seriousness of the matter.

An attorney can help you to notify your ex that they are in violation and warn them that you plan to take legal action if they don’t straighten out their behavior. This is often enough to scare somebody into following the schedule, though that isn’t always the case.

A call to the police can be used to make a report, which serves as further documentation of the issue and your attempts to deal with it.

A motion can be filed to have the current custody order enforced. You could ask the court to hold your ex in contempt at this point because they have chosen to willfully disobey the order. Being held in contempt could result in time behind bars and large fines.

The parenting time/visitation schedule could be modified, though this doesn’t guarantee that the new schedule will be followed any more than the current one.

Can an Attorney Help?

If you are fighting with an ex to get them to stop violating your parenting time/visitation schedule, then an attorney may be able to help. They’ll be able to offer assistance, from sending a letter to your ex to warn them about potential legal action to battling it out in court if that proves necessary.

If you have a custody agreement and a parenting time/visitation schedule already in writing, then you are in the right by following the schedule. It may require you to take extra steps to get your ex to comply, but they’ll find that life is much harder when they don’t.

by

Divorce is a complicated and touchy subject for many people. Some believe that divorce should not be allowed, while other people think getting a divorce means that you are a failure. The truth of the matter, however, is that divorce is simply one of the tools that we use to manage our interpersonal relationships.

When a marriage goes sour, couples therapy often isn’t enough to fix the problems. Frequently, the only real option is for each person to go their separate ways. But since marriage is a legal process, it requires a legal process to be able to separate that bond.

Somebody is going to have to file for divorce first, either you or your spouse. So to determine whether it is better to act first, we need to consider whether there are any pros and cons to filing for divorce first. As we’ll see, there are several of each. We’ll explore these in-depth, as well as signs that it may be time to file for divorce so that you can decide on the best course of action for you.

What are the Pros of Filing for Divorce First?

There are quite a few reasons why you may want to file for divorce first. To begin with, filing for divorce will give you more control over the proceedings. But perhaps the most common reason for somebody to file for divorce first is simply to get the proceedings moving. They are ready to move on with their lives to whatever chapter is next, so they file for divorce to get the ball moving.

Pros of filing for divorce first include the following:

  • You have more control over the divorce proceedings. For example, you will be able to pick the county or even the state where the divorce takes place, though only if you reside equally in multiple states. Different jurisdictions approach divorce differently, so this choice can be powerfully beneficial.
  • Being the first to file means that you have more time to prepare. When your partner files for divorce suddenly, you are left scrambling to find legal representation, gather the appropriate documents, and all the rest. Filing first eliminates this mad scramble since you have plenty of time to prepare ahead of time.
  • In Arizona, and many other states, the individual that files for divorce first is also the one that speaks first at the trial. This means that you have a chance to tell your story, highlight points you find important, and get your way of thinking in front of the judge before your ex can.
  • In Arizona, the person that files for divorce first is also the last one to speak. They get to speak first, then the other party speaks, then the first party gets to offer a rebuttal. This means that not only does filing for divorce first let you get the first word, but it also lets you get the last word, too.
  • When you file for divorce, the court issues a Preliminary Injunction. This prevents either spouse from wasting or hiding community property. As the person that files first, it would be served to your ex. This helps to protect your assets and prevent further debts since any debts your ex-spouse gained since being served the divorce papers would be theirs alone.
  • Again, the most common reason to file for divorce first is to get relief. Relief from a marriage that was falling apart or relief from an abusive spouse. In the latter case, it can also mean peace of mind knowing that your children aren’t exposed to further harm.

What are the Cons of Filing for Divorce First?

There are certainly more advantages to filing for divorce than there are disadvantages. However, that doesn’t mean that it doesn’t have its own drawbacks. While the drawbacks certainly don’t outweigh the advantages, they should be considered thoroughly before moving forward to file for divorce first.

Drawbacks of filing for divorce first include the following:

  • When you file for divorce first, most places will require you to include a list of desires or demands. This may not be a big deal to many people, but it can often become a point of contention. Say you want a certain asset, but your ex also wants that asset. By filing first, you inform them of your desire for that asset, and this gives them time to formulate an argument or plan to get it themselves.
  • Filing first typically means you’ll spend more money. For one, you will have been working with an attorney ahead of filing, and that costs extra money. For another, there is the cost of the filing fee itself.
  • By filing first, you also make it clear that the marriage is being dissolved. This is likely not an issue if you’re in an abusive relationship. But if you are simply in a rocky relationship, this may prevent any chance of reconciling in the future.

When Should You File for Divorce?

This is a hard question to answer. You should not file for divorce before you are ready, but how can you tell it is time? The choice to bring a relationship to an end is a very personal choice, and we would never want to step on your toes by giving a definitive answer. Instead, we offer the following list of signs that it may be time to file for divorce so you can decide for yourself:

  • Marriage counseling has failed.
  • You and your partner are heading in different directions that do not work together.
  • There is a lack of emotional or physical intimacy.
  • Communication has failed.
  • You and your partner have grown into different people and no longer connect in the same way.
  • The marriage makes you feel suffocated.
  • You and your partner cannot compromise.
  • It no longer seems worth the effort to try to patch things up.
  • You’re more like roommates than romantic partners.

When Should I Approach an Attorney?

If you are considering filing for divorce first, you will want to contact an experienced divorce attorney. They will be able to help you through the legalities and prepare you for what to expect. They will also be your closest ally when it comes to divorce proceedings, and it’s always good to have somebody you can trust on your side.

by

Many couples today find that uniting with a spouse through common-law marriage works better for them than entering into a marriage in a traditional manner. Common-law marriage occurs when a couple fulfills certain requirements according to the laws of the state they live in to be considered married without having had a marriage ceremony. A common-law marriage can be established by two individuals who both agree to enter into the marriage, have the capacity to marry, and present themselves as married to friends and in transactions such as sharing bank accounts and owning a home together.

What Rights do I Have in My Common-Law Marriage?

If you have entered into a common-law marriage, you may have many of the same rights as two individuals who married in a traditional marriage ceremony. Some of these include having a better case for receiving social security benefits for a surviving spouse, obtaining health insurance from a spouse’s employer, and possibly inheriting a spouse’s property upon their death. Some disadvantages to common-law marriage are that it is still a little more tricky to prove marital status than it would be if the two people were married officially. This is why having family law lawyers on your side can be a valuable asset as you prove the legality of your common-law marriage.

Does My State Recognize Common-Law Marriages?

Not every state recognizes common-law marriages, and many states have recently disallowed marriage by common law, although they still recognize those common-law marriages already existing. States that allow this practice are Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah. Some states, like Arizona, do not provide for the contracting of a common-law marriage within the state but will recognize the legality of such a marriage if it was formed in a state where it was legal. To know whether common-law marriage is legal where you live, you should speak with trusted family law attorneys who can help you know what is lawful in your location.

Should I Hire Family Law Lawyers to Prove My Common-Law Marriage?

With all the nuances of common-law marriage, it can be difficult to secure the rights you should be legally enjoying. In some states, a common-law marriage may not be recognized, and you might be required to marry in a traditional legal manner. To know what the right course of action is for you, please reach out to family law lawyers who you know have experience with common-law marriages and who will stand by your side through any legal proceedings you need to undertake. You can reach our talented legal team in Arizona to schedule a free initial consultation at 623-777-3909.

by

Community property refers to all valuable assets a couple owns that were acquired while they were married. When they divorce, that property will need to be divided fairly between husband and wife; in Arizona, fair division is seen to be 50/50. This can be difficult to achieve when not all assets can be divided, such as cars, IRA’s, land, businesses, furniture, etc. Having a family law lawyer is your best bet to get a fair division of community property during your divorce.

How is Community Property Divided During a Divorce in Arizona?

The first step in dividing the community property during a divorce in Arizona is to add up the total marital estate. This includes all things of value that were acquired during the marriage and is not just physical items like houses and cars. Businesses, retirement accounts, real estate, brokerage accounts, bonuses, and dividends are all included. Sometimes couples come to an agreement as to how to divide community property on their own or with mediation. If they cannot do so, the court will intervene and try to make the division as close to 50/50 as possible.

What is the Difference between Community Property and Sole & Separate Property?

Sometimes, a spouse will try to lay claim on a property that is actually sole & separate property of their ex. Sole & separate property is any asset that was acquired or owned prior to the marriage. This may seem simple, but things get complicated quickly when it comes to businesses that were owned before the marriage but grew in value over the length of the marriage. Dividing these amounts can get very tricky, which is why having trusted divorce attorneys on your side is so important.

Can Family Law Attorneys Help Me with Division of Community Property?

Family law lawyers, like those at The Sampair Group, have experience getting their clients the greatest results possible when dividing the communal property as part of a divorce. We can help you negotiate terms with your spouse through mediation that could potentially save you the time and expense of court intervention. This can be a great asset to you as you have someone who knows the legal system fighting on your side to make sure you get the results you deserve when dividing community property. Call us today at 623-777-3903 to make a free initial consultation and find out how our compassionate and capable divorce attorneys can help you.