Curtis Daugherty – Page 2 – Curtis W. Daugherty, PC

Client’s Ex Moved Their Child Out Of The County Without Giving Written Notice.

This is the first in a series of three posts in which I highlight positive outcomes for cases that I’ve handled over the years and what you can learn from them. This is not a representation of the outcome in your particular case, but rather an explanation of what happened in these specific cases:

I represented a mother whose Ex voluntarily took temporary custody of their child while she fled from an abusive situation with her new spouse. Once she was safe, however, her Ex refused to return the child to her.

This of course was not okay with my client. We were able to gain a positive outcome using a child custody law that runs something like this:

If you are going to move outside the county and take the children with you, you must give the other parent notice in writing and send that notice by certified mail, return receipt requested.

Failure to follow this rule makes a court less likely to permit you to take the children with you. Whether you give notice or not, you must prove that the move is in the children’s best interest.

Because the Father did not follow this rule when he moved to a new county, and because he failed to follow the previously agreed upon visitation plan, this put him in violation of the law. Because of this, I was able to persuade him to comply with the previously agreed upon visitation schedule, thereby avoiding litigation and its expense.

Negotiate when you can. Fight only when you must.

By Curtis Daugherty|2016-10-27T00:30:12-08:00June 7th, 2016|Categories: Custody, Divorce|Tags: Child visitation rights, Following the rules of child custody, Your Ex|Comments Off

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.

By Curtis Daugherty|2016-10-27T00:30:12-08:00May 4th, 2016|Categories: Divorce, Family Law-General|Tags: court protocol, never do this in court|Comments Off

Three Critical Pieces of Advice for Anyone Going Through a Divorce.

1. Don’t Be Your Own Lawyer.
In the long run, trying to save a few bucks could cost you more than just money. Why?

First, some things handled during the legal process can’t be modified, so if you get it wrong, you are stuck with it.
Second, a poorly drafted pleading can and will be used against you in court, preventing you from getting the things that are most important to you.
Third, it is far more expensive to modify a poorly written child custody, visitation, or property settlement agreement than it is to get it right the first time. The money you try to save in the beginning probably won’t cover the cost of fixing the mistakes you are likely to make while trying to do it on your own.

2. Don’t Discuss the Advice or Strategy You Received From Your Lawyer With Others.
Discussing things with others destroys the attorney-client privilege. This permits your Ex’s attorney to force your family and friends to testify in court about what you and your attorney said to each other, something that will probably work against you.

3. Don’t Do Anything In Public You Aren’t Prepared To Explain In Court.
Everyone has a cell phone with a camera in it, and it’s not unusual for people to take pictures when they are out in public and post them on social media. Your photo could be taken by anyone, the person sitting at a nearby table, someone who may not even in your group. If you get your picture taken while doing something you don’t want your soon-to-be Ex to know about, there’s a good chance they will find it and use it against you. When in public, behave like your soon-to-be Ex is watching.

By Curtis Daugherty|2016-10-27T00:30:12-08:00April 28th, 2016|Categories: Divorce, Family Law-General|Tags: critical advice for anyone going through a divorce|Comments Off

Three Things You Should Always Do When Children Are Involved in Your Divorce

1. Avoid Alienating the Children From Your Ex.
Trying to turn the kids against the Ex will eventually turn them against you. Kids grow up and think for themselves, and when they do, they’ll realize what you’ve been up to. This will not end well for you. Nobody likes to hear others say bad things about their parents, even when it is their other parent. The kids love and need you both.

2. Make All Support Payments With a Check.
If you voluntarily give your Ex money, or can’t prove you made a support payment, then the court won’t give you credit for it and you will have to pay twice. If the payment in question is court ordered support, your inability to prove payment could get you jailed for contempt—every month! Cash may be king, but it’s not your friend.

3. Keep a Visitation Diary
When your Ex can’t follow the visitation order, or constantly wants to see the kids during your designated time with little or no advanced notice, write it down when it happens. It will look more credible if it is noted in real time, and will help show the court that your Ex is being difficult and failing to work with you.

By Curtis Daugherty|2016-10-27T00:30:12-08:00April 21st, 2016|Categories: Child Support, Custody, Divorce, Visitation|Tags: Three things you should always do when children are involved in your divorce|Comments Off

Thinking About a Divorce? Three Things to Do in Advance

Divorce is never fun. But you can make things easier on yourself if you prepare:

Weigh the Trial of Your Case in Economic and Non-Economic Terms. Sure you want to win, but don’t let the desire to “best” your ex in a competition cloud your judgement. Remember, the romance is gone, and now it’s just a matter of money and custody. It doesn’t make sense to spend money to get what was offered to you before trial, and being stubborn can result in getting grilled by an attorney about your drug use, DUI, gambling habit or porn viewing.

Take An Inventory of Household Items. You will need to inventory the stuff that has to be divided. You also may need to prove what has been removed or destroyed. If nothing else, walk through the house with a video camera and video everything. You’ll find it helpful when you have to create the list.

Keep a Divorce Diary. Notes that you make about your Ex’s actions or failures to act at that particular time, have much more credibility in court than notes you create after the fact. Whenever your soon-to-be Ex fails to pay support, forgets to pick up the kids, does not follow existing court orders or does anything negative, write it down when it happens. If you don’t, you’ll wish you had, and if you try to write it down later, you’ll just look vindictive.

By Curtis Daugherty|2016-10-27T00:30:12-08:00April 6th, 2016|Categories: Divorce, Family Law-General|Tags: divorce, keep a diary, take an inventory of household items, weigh trial costs|Comments Off

Facing a Divorce? Three Things You Should NEVER Do.

Your life is about to fall under intense scrutiny, not just from the courts but from well-meaning friends and family members. With that in mind, I’d like to offer these three directives:

Don’t Use Drugs or Excessive Alcohol. This may seem like a no-brainer, but going through a divorce can be a painful experience, and it’s not uncommon for people to “numb” their feelings. If you do, YOU will be the one that does something regrettable. If you should slip up in this area, for heaven’s sake stay off the internet and your cell phone, which leads me to the following piece of advice.

Don’t Send Nasty Text Messages, E-Mails or Voice Mails. Angry messaging can come back to bite you. Sending a text or email with all the things you want to say about your Ex in a moment of anger is just handing them ammunition, and they WILL use it against you in court.

Don’t Listen to the Advice of Friends and Family About What You Should Get or Give in a Divorce. Every divorce is different and what happened or worked in one doesn’t necessarily happen or work in another. With an attorney on your side, you have someone who has been through this more than once or twice, who is not involved in your situation, and who is looking out for YOUR best interest.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 25th, 2016|Categories: Divorce, Family Law-General|Comments Off

Three Things You Must Do if You Are Facing the Prospect of a Divorce.

Create a Rainy Day Fund.
Keep some cash somewhere safe that you can use for emergencies. Divorce equals Expensive. You’re going to need it.

Consider the Tax Implications of Your Divorce.
Your tax situation is about to change. Consult an accountant or CPA and find out how it’s going to effect your tax obligations. You might save yourself an expensive surprise.

Update Your Legal Documents.

Do you want your Ex to use that power of attorney you signed years ago to take out a loan on the house or to remove money from your retirement account? Do you want your Ex to make the decision on whether or not life saving measures should be taken if you have a serious medical condition? Do you want your Ex to receive all your assets if you pass away just before the divorce becomes final? These can be avoided, but only if you plan ahead.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 18th, 2016|Categories: Divorce, Family Law-General|Tags: Preparing for divorce.|Comments Off

Three More Things You Should Never Do When Facing a Family Law Matter

1. Don’t Incur Debt in Your Ex’s Name. Your Ex is going to know that they didn’t buy that thing you’ve always wanted or apply for that credit card. Why give your Ex something to use against you in court? Your Ex will wind up with whatever you bought and you’ll have to pay for it.

2. Don’t Increase Your Debt. Your financial situation is about to change…dramatically. There is no guarantee what the court will do and no guarantee that the child or spousal support will come through. This is a time to be conservative with your money.

3. Don’t Make Large Purchases. It’s hard to argue that you can’t afford to pay child or spousal support, day care expenses or whatever if you just bought a new car, boat, motorcycle, jewelry, clothes or whatever.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 10th, 2016|Categories: Family Law-General|Comments Off

Three Things You Should Never Do in Family Law

1. Don’t Hide Things From Your Attorney. Attorneys can deal with the facts they know about, both good and bad. But if you fail to tell your attorney about everything that your Ex might bring up to try to use against you, then you are setting your attorney up for failure, injuring your credibility with the Court and hurting your chances of getting what you want.

2. Don’t Dispose of Assets You Know Your Ex is Going to Request or Know About. Don’t take the tax return or any other assets your Ex are going to know about and expect to get away with it. It will cost you in the end.

3. Don’t Fail to Keep a Copy of All Communications With Your Soon To Be Ex. When your Ex gets upset and send you an angry or threatening text or email, keep a copy and give it to your attorney. They can be used to show the court your Ex’s lack of control. But they can also be used in negotiations to help you get one of the things that are most important to you.

By Curtis Daugherty|2016-10-27T00:30:12-08:00March 5th, 2016|Categories: Family Law-General|Comments Off