Written by Canterbury Law Group

Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
Written by Canterbury Law Group

Child Custody After Divorce

At Canterbury Law Group, our Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. While winning your case, we also work diligently to secure a sound emotional and financial outcome for children of divorced parents.

If you are starting to consider a divorce or if you were recently served with a divorce petition, the Scottsdale divorce lawyers at Canterbury Law Group suggest immediately consulting with a trusted attorney to assess and protect all of your legal rights. Delays may limit your child custody options.

Divorce can be a delicate and painful experience for all involved. Our attorneys will work diligently to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that will be affected by divorce, here are some important custody arrangements you should understand. The standard types of Legal Decision Making (child custody):

  • Parenting Time (physical custody) — Determines which specific days of the week that the minor child will be in the physical custody and control of the parent or his or her agents
  • Legal Decision Making — Grants one parent or both parents the right to make important decisions about how a child will be raised with regard to religion, medical care, education, etc.
  • Joint Legal Decision Making — Grants joint legal decision making to both parents assuming the parents can jointly agree on all issues of their child’s upbringing, if disagreements arise, the parties can divert to a court appointed Parenting Coordinator or return to Court to litigate.
  • Sole Custodial Parent — Grants one parent both legal decision making and full parenting time (custody) rights over the child (rare).

Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 744-7711.

Written by Canterbury Law Group

Child Custody Factors in Arizona

When a divorce involves children, Scottsdale-based Canterbury Law Group fights aggressively to protect the children’s’ future and well being. In fact, we are known for securing the most sensible child arrangements possible at the lowest expense. We first attempt to collaborate with both parents and related experts to design practical provisions for successful co-parenting and child support schedules.

In the event that mutual settlement of these issues is not possible, our no-nonsense litigators will prepare your case with diligence and the utmost attention to detail. Arizona law requires that the best interest of the child be the lead consideration above any other when allocating child custody. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent. This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent by competent and admissible evidence.

Arizona family courts determine custody based on the best interests of the child, taking into consideration a great deal of details including:

  • The child’s age
  • The child’s wishes
  • Each parent’s wishes
  • The child’s adjustment to home, school and community
  • Any history of domestic violence or child abuse by either parent
  • Whether the parents have provided primary care of the child
  • The mental and physical health of all individuals involved
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a meaningful and substantial relationship with the other parent.

If you are thinking about filing for divorce in Scottsdale or Phoenix, call us today to schedule your consultation. Sometimes the best offense in a case is a well positioned, and thought our strategy which is completed weeks or months in advance of formally filing the case.

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