27Oct
Preparing to Co-Parent: Communication is Key

Posted by Crider Law | Posted in Child Custody Law, Co-Parenting

In a divorce where children are involved, additional challenges arise as you and your ex-spouse figure out how to co-parent effectively. Most judges in a court of law will determine that joint custody is in the best interest of the child(ren) unless one parent has proven to be dangerous to or unable to provide for the child. Children generally benefit from both parents being a part of their life, but it is your responsibility as the parents to enable your children to have a good relationship with their mother and father.

Communication

The key to co-parenting is effective communication. You will want to communicate with your ex only as often as is necessary to convey important information about your child. You do not have to be friends with your ex, but you should treat them with respect, especially in front of your children. Some suggestions for effective co-parenting communication include:

Keep the conversation focused on your child and their needs.
Do not needlessly drudge up the past – focus on the present problem or circumstance.
Do not make assumptions or use language that accuses. Keep a level head.
Communicate with them the way you want them to communicate with you, even if they do not initially reciprocate.
Be courteous, business-like, and cooperative.

Can I Text My Ex?

Some parents aren’t sure which medium to use to communicate to ensure they are not crossing boundaries. It often depends on the relationship between the parents, but most often, the best form of communication is through e-mail. E-mails allow parents to correspond directly while keeping a record of what was said and agreed upon. E-mails are nonintrusive and can be checked at the leisure of the recipient, but it is important that both parents agree to respond in a timely manner.

Texting can be useful to communicate quick, important information (such as notifying the other parent that you are on your way to pick up your child), but texting can also present problems. Due to technology failures or a dead phone battery, texts may not go through, may not be read, may be delivered late, etc. Texts are also not a reliable record of exchanged information.

Phone calls may be appropriate at times when information is needed quickly, so long as both parents are able to communicate over the phone without conflict.

Communicating to Your Kids

An equally important aspect of co-parenting is the way you talk to your kids about the other parent. As mentioned earlier, it is in the best interest of the child to develop a healthy relationship with both parents. This will be difficult if one or both parents are constantly degrading and talking ill of the other parent. Do your best to keep your child out of the middle of your relationship struggle.

If your inability to communicate with your ex is affecting your children, seek the guidance of your attorney for resources that can help you in preparing to co-parent.

08Oct
Judge Pro Tem – What does it mean?

Posted by Crider Law | Posted in Family Law Attorney

By now, we hope you’ve heard the news that Mesa Arizona Family Law Attorney Brad Crider has been appointed as Superior Court Judge Pro Tem in Maricopa County. So what exactly does that mean and how does it benefit the families and clients he works with?

Being appointed as Judge Pro Tem is no small task. First, an attorney must meet the qualifications, which include:

At least 30 years of age
Of good moral character
Admitted to the practice of law in this state for not less than 5 years preceding his/her appointment

Once qualified, attorneys must then go through an extensive application process and then be selected and appointed as Judge Pro Tem.

A Judge Pro Tem serves as a temporary judge. They are not considered a regular judge, but are called upon to serve temporarily as a judge, as long as both parties involved in a case consent. A court might call upon a Judge Pro Tem to serve when there are too many cases for regular judges to handle.

In most cases, a Judge Pro Tem is asked to hear a case in a matter that is in their field of practice. For example, a family law attorney serving as Judge Pro Tem will typically hear or oversee family law cases. When they serve, they hold all of the same powers as a regular judge, including the ability to pass judgment when necessary.

For Brad, serving as a Judge Pro Tem will allow him to put his knowledge of family law to use in a direct way. He’ll continue to gain valuable experience that will help him sharpen his skills as an attorney. Serving in the capacity will also give him insight into other family law cases and give him opportunities to see the legal system from a different point of view.

Because Brad is consistently client-focused, there is no doubt that this experience will only serve to benefit Brad’s clients and the families that he works with. This new perspective will only help him become even more effective as a family law attorney.

19Sep
What is Divorce Mediation?

Posted by Crider Law | Posted in Divorce Law

Divorce mediation is an alternative way of working through divorce that can save you time and money, and help ease your desire to pull your hair out in frustration. An experienced mediator will guide you and your ex toward an amiable agreement by being a helpful and knowledgeable, yet impartial, third party. Mediators can be useful even after divorce is settled to resolve issues between ex-spouses.

How Does It Work?

The goal of divorce mediation is to settle issues that arise from divorce and separation while diffusing hostile emotions and allowing both parties to speak for themselves. A mediator will guide discussion, keep both parties calm and focused on the task at hand, and draw up a draft of the agreements made. In some cases it may be appropriate for both clients’ attorneys to be present at the mediation meetings. Whether your attorney is present or not, you should seek their advice and expertise on the legal consequence of the agreements. Once you work out matters of child support, division of property, parenting time, and other important issues, your attorney will sign and submit your agreement to the courts for approval and legal enforcement.

What are the Benefits?

Most mediators charge hourly rates that are far less expensive than court fees. There is also no retainer fee up front, so there is little to no financial risk.
While most traditional divorces take a year or more to finalize, divorce mediation can take as little as 2 to 3 months to settle, depending on the cooperation of the parties involved.
Mediators are informed and knowledgeable about important legal matters, but are also able to put complicated legal terminology into language everyone can understand.
Mediators are skilled professionals who are able remain calm and keep heated discussions under control.
Mediation is beneficial to children because not only will both parents be less hostile and stressed in their every-day life, but children will also see that their parents are able to communicate and work through their differences in a calm and mature fashion. This will teach them important lessons on how to behave in difficult situations with peers.

Is Divorce Mediation Effective?

Mediation is a great way to solve important issues while avoiding the hassle of the courtroom. If you have unresolved issues even after mediation, you can decide to go to court to settle a few minor issues rather than a whole slew of problems that would further delay the legal process.

Knowing what issues are most important to settle in mediation will increase the effectiveness of your meetings. For more information on how to prepare for mediation, click here. (Link to “How Should I Prepare for Mediation?”)

Divorce mediation is not a replacement for seeking legal advice from an experienced family law attorney such as Brad Crider of Crider Family Law. Consider consulting with your attorney to find out if divorce mediation is right for you and let Brad begin helping you prepare for divorce mediation today.

17Sep
What is Parenting Time?

Posted by Crider Law | Posted in Divorce Law

In the event of a divorce where children are involved, a judge will grant one or both parents primary “legal decision-making rights” (also referred to as custody rights) based on the best interest of the children. The courts generally believe it is best for a child to have both parents share parenting rights and responsibilities and be actively involved in their child’s lives. However, some cases require that one parent have primary custody rights and the other parent be allowed limited parenting time. Previously referred to as “visitation”, parenting time is the term most often used to indicate how often and to what degree the non-custodial parent can spend time with their children in the process and aftermath of parental separation and divorce.

The amount of parenting time the mother and father receive is determined by several factors. While mediation and court interference may not be necessary if both parents come to a mutual agreement, the court must still review the desired parenting plan to ensure that the safety and well-being of the child are not at risk by granting either parent certain legal rights. If there is abuse in the home or either parent has been criminally convicted, for example, proof must be shown that it is in the best interest of the child to spend time with that parent. Special needs and other medical problems are also determining factors of a child’s parental involvement and living circumstances. If you have concerns about your child custody rights and privileges, you should consult a trained legal professional like Brad Crider who can get you and your children the rights you deserve.

The age of each child is also taken into account when determining parenting time privileges. If, for instance, a child is very young, the courts generally allow short, frequent visits rather than extended overnight stays with the non-custodial parent. As children become older, it may be necessary to change the agreed upon parenting time schedule. Even if both parents voluntarily agree to a change in the agreement, it is important to request the change be made by court order so that it can be enforced by law.

When it comes to providing for the needs of your children, each family circumstance is unique and the terms of your custody agreement are significant. Let Brad Crider help protect the safety and well-being of you and your children. Having an experienced family law attorney on your side that is ready to fight for your rights and privileges will make a difference in determining your children’s future.

15Sep
Changing My Child Support

Posted by Crider Law | Posted in Divorce Law

After the divorce is finalized and child custody agreements are settled, often times the circumstances of one or both parents change. In such cases, it is possible and usually necessary for the existing child support agreement to be changed. According to Arizona law, “Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing…” A.R.S. 25-503(E). If you believe your change in circumstance warrants a modification in the child support order, you should consult a family law attorney who can adequately determine if you are entitled to a child support modification.

Some common examples of circumstances that warrant a child support modification include the loss of a job, a significant increase or decrease in income, acquisition of another dependent or having another child, the onset of a disability, or a change in health insurance coverage. When any of these occur, it is important to act quickly to expedite the process. Be sure to document the significant change to appeal to the courts. If you are aware of any of these changes in the life of the parent with whom you share the child support order, be sure to contact your Crider Law attorney to help you through the process every step of the way. Your child is entitled to the best care and support they can receive, and we’ll help ensure your child receives it.

In some cases, provisions may be made for the child support order to be reviewed every three years without prior evidence of “substantial and continuing” change in circumstance. To determine the best course of action for your individual needs, consult Brad Crider, an experienced family law attorney. He will evaluate the needs of your family and determine the best options for you.