May 2016 – Curtis W. Daugherty, PC

Avoiding the Pitfalls of Child Visitation Issues

With all of the potentially disastrous outcomes in a divorce, the one you really don’t want to mess up on is Child Visitation, and navigating this issue isn’t as common sense as you might think. You’ll do well to remember the following:

1. Passing on a Scheduled Visitation Doesn’t Give you the Right to Withhold Visitation.

So you passed up a chance to spend time with your kids because of a scheduling conflict. Your Ex got to keep them for that weekend, so to even the score, you deny your Ex a scheduled visitation. It’s only fair, right? Not to the courts. Taking this approach is refusing to comply with a court order. It’s a good way to lose time with your kids, end up paying more child support, or get thrown in jail for contempt. Don’t do it!

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.e scales in your Ex’s favor.

2. Don’t Withhold Visitation for Failure to Pay Child Support or Vise Versa.

This is another way to wind up in jail for contempt, and for your Ex to wind up with the kids. It’s also a good way to end up paying more child support. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time. As I’ve mentioned before, the courts are courts of equity, and it’s their job to tip the scales for the sake of fairness. Tip them yourself, and it will backfire every time.

3. Make Sure You Read and Understand All Court Orders in Your Case.

This is true for any and all issues in your divorce, but I mention it here because dealing with children is an emotionally charged issue, and parents find it tempting to bend the rules. Know and understand what you’ve been ordered to do by the court, and do it. “I didn’t know” or “I forgot” or “I didn’t think that’s what the order said” is not going to cut it with the judge. It’s also a good way to get thrown in jail for contempt.

By Curtis Daugherty|2016-10-27T00:30:12-08:00May 27th, 2016|Categories: Child Support, Custody, Divorce|Tags: Child visitation rights, Three things to remember, Your Ex|Comments Off

Dealing with Your Ex through the Divorce…Three Things to Remember:

1. If You Have Kids, Divorce is Not the End of Your Relationship With Your Ex.

Until your youngest child turns eighteen, you are going to be dealing with your Ex. That means birthdays, holidays, family gatherings, etc. If you are unreasonable or just difficult with your Ex now, chances are your Ex will be difficult with you, something that could go on for years.

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.

2. Remember: Do The Right Thing if You Expect The Court To Do The Right Thing.

Family law courts are courts of equity. If you don’t do the right thing by your Ex, the court will do what it can to balance the scales in your Ex’s favor.

3. Don’t Make Verbal Agreements With Your Ex.

I know it’s a pain to document everything that transpires, but if you don’t, you run the risk that your Ex will later deny a particular agreement with you, leaving you the impossible task of trying to prove it later. Trust me. If it’s not in writing, it doesn’t exist. If your Ex is not completely trustworthy, either write everything down on paper and have them sign it, or send a text or email confirming the agreement. If you don’t, you’ll wish you had.

By Curtis Daugherty|2016-10-27T00:30:12-08:00May 18th, 2016|Categories: Divorce, Family Law-General|Tags: Three things to remember, Your Ex|Comments Off

Three Things You Should Never Do at Trial

1. Don’t Bring Your New Boyfriend / Girlfriend to Court.

• You are required to go through the process of divorce in a way that does not cause your soon-to-be Ex any more pain than necessary, and bringing your new significant other to court is seen by the judge as a deliberate attempt on your part to inflict emotional pain.

• Your new significant other could be called as a witness in your divorce case, and giving your Ex’s attorney a chance to question them under oath probably won’t end well for you.

2. Don’t Talk While Others Are Talking. Every word said in court is captured by a court reporter, and the reporter can only do this if one person speaks at a time. A court hearing is a time to be very professional and respectful. Talking over someone else will only make the judge irritated with you, and do you really want to annoy the person deciding the outcome of your case?

3. Don’t Bring Your Minor Children to Court. It is against the law to bring minors to court or even to the courthouse. If you do, it will show that you don’t know how to make intelligent decisions, making it easier for opposing council to convince the court that the kids are better off in the custody of your Ex.