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Posts Tagged ‘Final Judgment of Divorce’

New Year – New Status. Divorce Advice for 2016.

Whether you have been in a troubled marriage or currently separated, 2016 can be the year you get to change your status.  With the upcoming elections, changes are in the air.  Individuals normally do not like change and it is difficult to embrace changes in your marital status.  However with the feel of change in the air, it could be a good time to take that first step forward to changing your personal status. Change has been happening all around us and we comtemplate more changes to come.  

In the previous year, The Supreme Court of the United States made it clear that all states have to recognize same-sex marriages giving civil rights and liberties to every individual. I have personally seen individuals who, for the first time, have had their marriages recognized in the state of Alabama.  It's been an exciting past year.  I have had clients that were in the need of a same-sex divorce and with the Supreme Court ruling were able to get that relief without leaving their home state of Alabama.  

With the changes in healthcare laws, I've had clients who were able to secure their own health care coverage which assisted them in finalizing their divorces.  Some individuals were separated from their spouses with pre-existing conditions that inhibited them from finalizing their divorce.  Once divorced they knew that their coverage would end and getting new coverage may exclude their conditions.  Now with changes in health care, they are free to enroll personally without the denial of their pre-existing conditions.  It has enabled them to be self-sufficient. 

Now with 2016 on the rise, individuals have contacted our firm that are in need of legal asistance to start a new year with new goals.  Divorce can be very challenging but with the right legal team, you can get solutions that are best for you.  In some ways it is easier to make personal changes while your environment is also changing.  2016 can be the year you reach your personal goals.  Let us assist you in any of your family law issues.  We have a dedicated team of attorneys and professionals waiting to help you. 

Call us at (205) 623-1001.

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Summer Visitation for Parents

Summer visitation is upon us.  For noncustodial parents or parents who are time sharing their children this is an important time.  For those lucky enough to have a co-parenting situation where conflict is at a minimum this time will be less stressful.  However, for those parents who do not enjoy such a co-parenting relationship, this can be a very stressful event.  The best advice I give to my clients wanting to experience their entire summer vacation is to plan ahead and often.

Each parent must abide by the terms of their final judgment of divorce or coparenting agreement.  When summer visitation is laid out it is usually a step-by-step process of requesting time with their children.  There is usually a notice requirement for the noncustodial parent to provide to the custodial parent.  This notice is typically 30 days in advance of the intended dates for summer visitation.  Typically the noncustodial parent does not have to agree with the dates but only notice must be provided in a timely fashion.  Where this gets tricky is it is usually required to be in writing.  With the advent of electronic media today, most parents only have time for a quick email, text or post to the other.  While this might suffice in a relationship where the parents communicate in a positive manner, it might not work for those high-conflict situations.  In a high conflict relationship, it is best for the non-custodial parent to send the request well in advance of the 30 days and then send it by written letter via certified mail as well as email and/or text.  This will make sure that the request complies with the court order granting that parent summer vacation with the children.

When thinking of requesting your summer visitation, take out your final judgment of divorce or other visitation paperwork and read it again to refresh your memory.  It is always best to be in compliance with each part of the order before complaining that the other parent is not cooperating.

What to do if the other parent does not abide by the visitation order?  This is a very sad situation.  The parent that is not willing to put their children first and foster a loving relationship with both parents only hurts the children.  If you are in a situation where you anticipate or where summer visitation is denied to you, it is time to file a contempt of court action on the custodial parent.  The quicker you react the better since the noncustodial parent will be trying to salvage any summer vacation left on the table.  An attorney can guide you through the process and may even request emergency relief from the court in such situations.  Still even the best attorney may not be able to salvage your summer plans in some cases but it is vital that the noncustodial parent proceed with the action to save the next year.

If the custodial parent is found to be in contempt they could face up to 5 days in jail for each contempt.  This is the only relief or tool the court can use in these situations.  Other ways to get relief is to recommend mediation to sort out the issues between the parties so that the children may enjoy summer with both parents.  If the court system is back logged and the other parent will agree, mediation can be a faster solution.

We at The Zwiebel Law Firm are always here to answer your questions and assist you in any family law matter.  Family Law is our focus and we return every call within 24 hours.  Our attorneys are always on call and each voicemail is forwarded to an attorney via email as soon as it is received.  We know that family law issues do not just happen 9 a.m. to 5 p.m. during the week.

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