Law Offices of Matthew S. Schultz, P.C.Tempe Family Law Attorney | Arizona Child Custody & Divorce2023-11-07T07:35:05Zhttps://www.azfamilylawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1502596/2020/08/cropped-fav-icon-32x32.jpgOn Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=481532021-12-14T21:29:15Z2021-12-14T21:29:15ZThere are some restrictions on newborn visitation
A baby needs a strong sense of attachment to their primary caregiver. Their attachment is crucial to their social and emotional development.
Given that newborns do not yet have a sense of object permanence, they may find it distressing to go overnight with the other parent during the first months of life. Even leaving the home could be too much during the first weeks. Spending time together in or near the mother's home allows the dad to develop a bond with the child and learn to care for them.
If the mother breastfeeds, nutritional complications can also make overnight parenting with a newborn unrealistic. Frequent, short visitation is often the better approach until the baby reaches around six months of age. At that point, the father can start enjoying longer parenting time and overnight stays with a child. A formula-fed child may have fewer restrictions on their overnight visitation ability even in those early months.
Fathers can show up for their children from day one
You don't have to wait until your child is old enough to walk or to start talking to be part of their life. Fathers can develop and maintain a crucial emotional bond with their children by being present when they are infants and then adjusting their custody schedule for more parenting time as a child become more independent and more secure in their attachment to their primary caregiver.
Knowing your rights can make it easier for you to negotiate appropriate custody arrangements as a new father.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=481512021-11-17T18:19:42Z2021-11-17T18:19:42Zdivorce in January every year.
Although people can and do file for divorce at any point throughout the year, the beginning of a new calendar year often triggers an explosion in interest in divorce. Every person considering divorce will have their own unique motivations, but trends in timing can reveal overarching cultural matters that influence divorce. It's hard to ignore how interest in divorce skyrockets right after the biggest holidays of the year.
Is the holiday season the reason that so many people file for divorce in January?
The holidays are responsible, but not in the way you might think
Many people who consult with a divorce attorney in January will acknowledge that they called when they did because of the holiday season. However, it wasn't that a terrible Christmas gift or miserable Thanksgiving dinner convinced them to file for divorce.
In reality, they may have started thinking about divorce sometime during the awesome. Especially if there are children in the family, they likely wanted to wait so that the divorce wouldn't ruin the holidays this year or become a painful anniversary in the future. Even those without children may not want to put a damper on the holiday celebration for their extended families.
Some people may look at the holidays as a last chance for them and their spouse to make things work. Once the decorations have all been packed away again for another year, the spouses can start to think about divorce without worrying that it will ruin the holiday season in the future.
Taxes can also influence January filings
In January, companies start issuing their annual tax paperwork to their employees. Those already considering divorce may realize that unless they act quickly, they will have to file joint taxes with their spouse again in the future. A filing early in the year might potentially mean that this tax return is the last tax return they will have to file as a couple.
Understanding why people wait until January to file for divorce can help you decide when to take the next step.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=481502021-11-15T22:11:44Z2021-11-15T22:11:44ZProtect your retirement in your divorce
Depending on the value of your retirement account, you may not want to divide it in divorce. For example, if you currently have $50,000 in retirement savings and also have three vehicles worth $75,000, you might suggest selling two vehicles to get close to the same amount of profits. Then, you may ask your spouse to take that cash instead of cutting into your actual retirement account. Why? It’s valued the same either way.
On the other hand, you may find it hard to do this if your retirement is your greatest asset and you have no other assets that come close to the value. In that case, you may need to look into getting help with the division of your IRA, Roth IRA, 409A assets or others. Even pension plans can be subject to division, so make sure you get the right help to establish the true value of the asset and the safest way to divide it to benefit you both.
Dividing retirement assets isn’t always necessary, but it could be
Dividing retirement assets when you’re young may feel less frustrating than when you’re older, so if you’re going through a gray divorce or have significant retirement assets, it’s smart to look into options to keep your accounts in your name. Establishing just how much of your account is truly community property will help you save more of your hard-earned money and savings for the future you have in mind.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480392021-11-11T15:29:28Z2021-10-15T18:18:56ZDocument the addiction issue before you go to court
Generally, the family courts in Arizona try to keep both parents as involved as possible. Unfortunately, parents struggling with addiction may not be able to safely provide for their children. Even more concerning, they could neglect the children if they get drunk or high with the kids in their custody.
The more proof you have about the addiction and how it affects your ex's parenting, the better the chance that the courts will limit your ex's time with the children to protect them.
Have clear standards in place regarding behavior during parenting time
When your ex is an addict, your parenting plan may need to include provisions about sobriety or even drug testing. Your ex might agree to routine testing so that they can see the kids. Having a rule about sobriety can also make it easier for you to intervene if your children calls you late one night tell you that your ex is unconscious because they drank too much.
Make sure the children understand that they can ask for help
Letting your kids know that your ex should never drive a car after drinking or taking pain medication could save their lives. Your children should understand that they have the right to expect a parent who is present, conscious and sober during their parenting time. Teaching them to reach out for help when the situation seems dangerous could help you intervene before things get out of control.
Divorcing an addict can lead to a high-conflict divorce, but a careful approach can help you comply with court orders while also protecting your children.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480372021-11-11T15:29:38Z2021-09-16T20:20:15ZMany people choose an alternating schedule
When it comes to holidays and birthdays, having the children spend every other special day with each of their parents is a great approach. One year, dad can have the kids for Halloween and Christmas, while Mom has them for Thanksgiving and New Year's Eve. The next year, they switch. You may have to work out a similar schedule for birthdays and school events.
Some families find that a split schedule works well
If you have a particularly close bond with your children, the idea of not seeing them at all on their birthday or a holiday may be painful. Some families find that it is easier to split special days rather than to alternate them.
The child might spend the morning and early afternoon with one parent and then the late afternoon and evening with the other. That means that they can see both of their parents on their birthday or Christmas, ensuring that no one feels left out of the family.
Parents might also try to keep the whole family together for special days
When parents divorce, their relationship changes dramatically, but the family itself still exists. After the difficult transition of a divorce, some parents find that they can share those important days with one another.
Provided that you can avoid conflict, having a whole family together for all holidays and birthdays can be great for the children. It will also make them feel supported and loved to see both of their parents cheering for them at their soccer games and school plays.
Thinking about what your children want and being realistic about your family's situation can help you plan better for shared custody.
]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480322021-11-11T15:29:45Z2021-08-20T19:46:13Znegotiating a postnuptial agreement with their spouse offers them at least two significant benefits.
Postnuptial agreement can save marriages in distress
Even though you may have had good intentions when you made your vows, people and circumstances change. Your spouse may have cheated on you, hidden debt from you or started abusing drugs. The behavior of one spouse can have financial and legal risks for the other, so it is not uncommon for people to want to divorce when big issues arise in a marriage.
A postnuptial agreement could help you and your spouse move past your issues. You can outline behavioral expectations going forward and even create penalty clauses if someone continues the same behavior. You can protect your interest in certain property and even make arrangements for support ahead of time. Some couples find that really discussing their issues can help them move past the problems and be better partners in the future.
Postnuptial agreements can make divorce easier
Sometimes, even if you try to fight for your marriage, things won't change the way you want. Your spouse may go right back to their adulterous ways, or you may discover that your trust in them simply can't recover.
If you do decide to divorce after negotiating a postnuptial agreement, you can expect the process to be faster, kinder and cheaper. You won't have to fight about terms since you have already set them. You won't have to pay for a litigated divorce because your agreement paves the way for an uncontested filing.
Drafting a postnuptial agreement can be a great way to protect yourself and to try to preserve your marriage even after significant difficulty.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480302021-11-11T15:29:54Z2021-08-16T20:10:04ZIncreased resilience
For one thing, some studies have found that children have more resilience when the teacher knows about the divorce. The teacher acts as a support system for them. You know that this change is going to have a negative impact on your child as they learn to adapt to their new reality. Most children do get through this period and thrive, living happy lives after divorce. But having the teacher in the loop can help reach this goal sooner.
You or your child may have to miss things
Divorce can make your schedule a bit busier and more complex than it was before. Are you going to miss things like parent-teacher conferences because you have a court date? Are you and your spouse going to attend things separately because you’re no longer together, even before the divorce is finalized? Is your child going to have to miss events they would have attended before? During this stage in your life, you may want the teacher to understand why this is happening.
The teacher can help the child succeed
Teachers understand that home life challenges can have an impact on performance in the classroom. Rest assured, though, that both you and the teacher want your child to thrive. When the teacher knows about these challenges, they can address them specifically to help keep academic performance at the highest possible level. You’re all in this together.
Working on a divorce
If you’re at this stage in the process, where divorce is finally coming together, it’s important to understand not just the practical side of things, but also the legal steps you’ll need to take.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480262021-11-11T15:30:03Z2021-07-26T19:18:03Zdivorce mistakes to avoid:
Setting unrealistic expectations: The closer your expectations are aligned with reality, the less chance you have of facing heartbreak when divorce decisions are handed down. The reality is, you will probably not get everything you want. Take some time to think about what is truly important to you and your attorney can create a legal strategy that places those issues at the forefront.
Accepting bad advice: You don't have to look any farther than your smartphone browser to find all the divorce advice in the world. How good is this advice? That's a mixed bag. Accepting what you read online or what you hear from even well-meaning friends can be a big mistake. To separate fact from fiction, talk with an attorney who knows the law and who can help you understand how it applies in your unique situation.
Letting your emotions get the best of you: This is probably one of the most stressful situations you will ever face and it's natural that you should be overwhelmed at times by stress, anxiety and anger. You only hurt yourself, however, when you let these feelings get the best of you and say (or share on social media) something that is best left unsaid. Take care of yourself emotionally by choosing trusted allies who will stand by your side and lend an understanding ear. Think twice before saying or sharing something that may be used against you in divorce proceedings.
Nobody is perfect and divorce is a trial that tests even the calmest and wisest among us. The good news is, you don't have to face divorce alone. By choosing a knowledgeable attorney to guide you through the process, you can avoid mistakes while laying the groundwork for a happier, post-divorce future.
]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480232021-11-11T15:30:13Z2021-07-13T21:34:19ZAs the fall approaches, be ready to change your custody schedule
It’s possible that your custody schedule could largely stay the same during the school year, but it’s more likely that you’ll need to make some adjustments. Since your child is now older than last year, this is a good time to sit down with your ex and talk about your child’s age and maturity level. You should determine if someone has to be home with them every day after school or if you can let them stay home alone for a few hours until you get off work.
You may also want to discuss any new scheduling concerns around sports teams, choirs, bands or other extracurricular activities. Those activities might not have been part of your schedule during the last school year, so it’s a good idea to figure out who will be available to transport your child (if they can’t drive) and how you’ll make time to attend performances or games to support your child.
School custody scheduling can get a lot easier once your child is old enough to drive to events or school itself, but if your child isn’t old enough yet, you may need to look into other options. Checking school bus routes, carpool options and other transit ideas could help you get your child to and from school and events even when you’re still at work. Of course, if they’re young, you may need to adjust your work schedule so that you’re home when they are.
Scheduling custody time can be a little tough, but with patience and an open discussion, you will find solutions.]]>On Behalf of Law Offices of Matthew S. Schultz, P.C.https://www.azfamilylawfirm.com/?p=480212021-11-11T15:30:20Z2021-06-30T20:06:31ZIf you have kids and you get divorced in Arizona, the courts will have to split up your parental rights and responsibilities. Each parent can receive a portion of both legal and physical custody.
Legal custody involves your right to make important decisions about your children, while physical custody involves being present with them and spending time together. Joint custody has become the go-to solution in most modern divorces. Each parent can expect to receive some physical custody so that they can spend time with the kids. Do you have to ask for legal custody, too, if all you really want is parenting time?
Judges allocate legal custody and physical custody separately
Sometimes, judges enter a blanket ruling that indicates they want parents to split both physical and legal custody in a certain manner. Other times, judges may allocate all of one kind of custody to just one parent. It will always be the best interests of the children that determine how judges divide parental responsibilities. You may recognize that sharing legal custody could lead to a lot of fights or that your ex, who has always been the more active parent, is better at making these decisions. Even if you don't ask for legal custody or the judge decides that your ex is the one who should make some major parenting decisions for your kids, that won't limit your right to shared physical custody. Arizona state law makes it clear that judges should consider both kinds of custody on their own if awarding sole legal custody to one of the parents for my family. Understanding the different ways the courts can split custody can make it easier for you to plan for your upcoming divorce.]]>