Holiday Visitation Schedule
It's that time of year again when I like to discuss holiday visitation. As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season. Inevitably, however, there are always glitches.
What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree. No one should be in the dark about who has a child for Thanksgiving or Christmas vacation. The parties either agreed to dates in mediation or the judge ordered who would have what visitation. Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree. The best way to prevent this is to keep any agreed upon changes in writing. It can be very frustrating for someone to make plans and have those fall through because of confusion.
Far worse than miscommunication is flat out disobeying your court order. The scenario is obvious; You are supposed to have the kids for Thanksgiving. Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it? A lot of the depends upon when the vacation is supposed to start. Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders. While that does nothing for your immediate plans, the courts do not look kindly on contempt.
Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized. Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays. Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce. You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent. This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.
Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties. You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses. Just a reminder;: Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.
If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
Showing posts with label Boise family law lawyer. Show all posts
Showing posts with label Boise family law lawyer. Show all posts
Monday, November 18, 2013
Thursday, August 29, 2013
Boise Divorce Attorney 208-472-2383 Child Custody
Across State Lines
As a Boise Divorce Attorney I regularly get calls from individuals who are in the middle of divorce and/or a custody battle. I field all sorts of questions, but probably one of the top ten questions involves taking children out of state before, after or during a divorce.
Can I Take My Child Out of State?
Whether you can take your child out of state during, before or after a divorce depends in large part on what stage of the process you are in and what an order of the court says about it to you in your particular case. For example, if you are separated and have not even approached the court with divorce papers, you can leave the state of Idaho with your child without any court restraint, just like you could if you and your spouse were still together. However, that doesn't necessarily mean that it is a great idea to up and leave the state without permission or knowledge of the other parent. Inevitably, the other party may try to use that against you in a child custody determination and a judge may look at it as a lapse of judgement on your part.
If you have filed divorce papers or have been served divorce papers there will be included in that an order of the court which prohibits you from leaving the state of Idaho with your child for more than 48 hours if you don't have written permission of the other parent. This joint preliminary injunction also prohibits you from doing other things like squandering community income or destroying community property.
Once your divorce is final you may have the right to leave the state during your periods of custody unless otherwise forbidden by the court and so long as the child is returned to the state in order to effect the other party's exercise of custody or for the child to be present at necessary specific times such as to attend school.
What if I Have a Job in Another State?
Leaving Idaho for gainful employment may be an allowable reason for you to leave the state with your child. However, the above stated rules will still apply. If you are in the midst of a divorce, you will have to get the ok from the other parent. If you have already gotten a divorce you may move wherever you want. One caveat in that regard, however. If you move with your child, that move must not negatively impact the child or the other parent's visitation and if it does, the other party can motion to modify the child custody decree. And, as stated above, if you haven't filed yet, you can go where you want but remember how the court will look at your move particularly if you move without informing the other parent (which you never want to do because you could face parental kidnapping charges) or getting their permission; even if you have what seems like a justifiable reason such as a new job or neglect or abuse by the other parent. Also, if you move because of a job, always ask yourself if you could have gotten a comparable job in Idaho where you already live. Is it necessary for you to leave the state?
If you are seeking a divorce and need to speak to a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
As a Boise Divorce Attorney I regularly get calls from individuals who are in the middle of divorce and/or a custody battle. I field all sorts of questions, but probably one of the top ten questions involves taking children out of state before, after or during a divorce.
Can I Take My Child Out of State?
Whether you can take your child out of state during, before or after a divorce depends in large part on what stage of the process you are in and what an order of the court says about it to you in your particular case. For example, if you are separated and have not even approached the court with divorce papers, you can leave the state of Idaho with your child without any court restraint, just like you could if you and your spouse were still together. However, that doesn't necessarily mean that it is a great idea to up and leave the state without permission or knowledge of the other parent. Inevitably, the other party may try to use that against you in a child custody determination and a judge may look at it as a lapse of judgement on your part.
If you have filed divorce papers or have been served divorce papers there will be included in that an order of the court which prohibits you from leaving the state of Idaho with your child for more than 48 hours if you don't have written permission of the other parent. This joint preliminary injunction also prohibits you from doing other things like squandering community income or destroying community property.
Once your divorce is final you may have the right to leave the state during your periods of custody unless otherwise forbidden by the court and so long as the child is returned to the state in order to effect the other party's exercise of custody or for the child to be present at necessary specific times such as to attend school.
What if I Have a Job in Another State?
Leaving Idaho for gainful employment may be an allowable reason for you to leave the state with your child. However, the above stated rules will still apply. If you are in the midst of a divorce, you will have to get the ok from the other parent. If you have already gotten a divorce you may move wherever you want. One caveat in that regard, however. If you move with your child, that move must not negatively impact the child or the other parent's visitation and if it does, the other party can motion to modify the child custody decree. And, as stated above, if you haven't filed yet, you can go where you want but remember how the court will look at your move particularly if you move without informing the other parent (which you never want to do because you could face parental kidnapping charges) or getting their permission; even if you have what seems like a justifiable reason such as a new job or neglect or abuse by the other parent. Also, if you move because of a job, always ask yourself if you could have gotten a comparable job in Idaho where you already live. Is it necessary for you to leave the state?
If you are seeking a divorce and need to speak to a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
Monday, February 18, 2013
Boise Family Law Attorneys - Idaho Child Support - Can You Agree to a Different Amount?
Child Support in Idaho
As a Boise Family Law Attorney one very common question I get is how is child support determined? As I have noted many times before, Idaho uses the Idaho Child Support Guidelines to establish child support.
Child Support by Agreement
Once people understand this they want to know if they can agree to an amount different than established by the guidelines. In general you can but you must rationalize the deviation. For example, if one party pays all the transportation, they may be able to show the court why the monthly obligation should be adjusted to an amount lower than what has been established by the guidelines.
Sometimes people want to include payments in child support that actually don't belong there. An example of where this can happen is if one spouse feels that they should pay more than what is required by the guidelines so that the other spouse can have help paying the mortgage. As a Boise Divorce Attorney, I would caution against this type of inclusion and a judge may actually not allow it at all anyway.
Child Support by Contract
In a divorce the court has jurisdiction over the parties, their children and their property. When you make an agreement by stipulation or contract the court may determine that it does not have jurisdiction over your agreement. What does this mean for you? If you take the above example of including more money in the monthly child support obligation for the ex-spouse to pay the mortgage, you may not be able to modify that amount if the court determines it doesn't have jurisdiction. This means that once you feel it is no longer necessary to pay the ex-spouse additional monies for the house payment, you won't be able to modify your contract.
As a Boise Divorce Attorney I recommend that you keep your child support obligation free of external agreements and amounts not contemplated by the guidelines. If you absolutely feel it necessary to provide more money for your ex-spouse you can have a separate agreement where you agree to pay money to them. In that contract, it would be an absolute necessity to create provisions that would allow you to revisit and modify the contract so you not unnecessarily bound for a lengthy duration.
If you are seeking a divorce or child support modification and you need to speak to a Boise Family Law Lawyer, please give us a call, 208-472-2383. You will be glad you did.
As a Boise Family Law Attorney one very common question I get is how is child support determined? As I have noted many times before, Idaho uses the Idaho Child Support Guidelines to establish child support.
Child Support by Agreement
Once people understand this they want to know if they can agree to an amount different than established by the guidelines. In general you can but you must rationalize the deviation. For example, if one party pays all the transportation, they may be able to show the court why the monthly obligation should be adjusted to an amount lower than what has been established by the guidelines.
Sometimes people want to include payments in child support that actually don't belong there. An example of where this can happen is if one spouse feels that they should pay more than what is required by the guidelines so that the other spouse can have help paying the mortgage. As a Boise Divorce Attorney, I would caution against this type of inclusion and a judge may actually not allow it at all anyway.
Child Support by Contract
In a divorce the court has jurisdiction over the parties, their children and their property. When you make an agreement by stipulation or contract the court may determine that it does not have jurisdiction over your agreement. What does this mean for you? If you take the above example of including more money in the monthly child support obligation for the ex-spouse to pay the mortgage, you may not be able to modify that amount if the court determines it doesn't have jurisdiction. This means that once you feel it is no longer necessary to pay the ex-spouse additional monies for the house payment, you won't be able to modify your contract.
As a Boise Divorce Attorney I recommend that you keep your child support obligation free of external agreements and amounts not contemplated by the guidelines. If you absolutely feel it necessary to provide more money for your ex-spouse you can have a separate agreement where you agree to pay money to them. In that contract, it would be an absolute necessity to create provisions that would allow you to revisit and modify the contract so you not unnecessarily bound for a lengthy duration.
If you are seeking a divorce or child support modification and you need to speak to a Boise Family Law Lawyer, please give us a call, 208-472-2383. You will be glad you did.
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