Kevin J. Waite often gets calls from divorced parents asking at what age their children can decide at which parent’s home they can reside. A facetious answer is “at age 18.” And also if the child can refuse to go to the other parent’s home for court ordered visitation. The easy quick answer is “No.” A minor child cannot decide which parent’s home he or she lives at nor can he decide not to go to the other parent’s home for his court ordered visitation days or times.
If this situation arises in your home the important thing to do is to ask your child why he or she does not want to be at the other parent’s home and then try and productively work at solving what the child’s problem is.
Sometimes it can be a very simply resolved issue as the child doesn’t like the food there but is afraid to say anything. Sometimes it is more complex. For example, maybe the child has to share a bedroom with a child of the step-parent and there is no other spare room. This might take some family meetings or counseling.
But it also can be a situation that needs (Read More...)
If, after your divorce is finalized, your ex decides not to comply with the order - What can you do? Often real estate has been ordered sold, and the belongings inside need to be split. There usually are also adult toys, as in cars, trucks, boats, atv’s, jet skis, etc., that have been divided by the court or ordered to be sold. Sometimes the other party refuses to comply or drags his or her feet.
This situation happens a lot more than one might expect. But now that you are divorced, you can talk to each other without going through your respective attorneys, so the first (and cheapest) avenue would be to simply talk to, e-mail, or text, your ex and ask what the hang-up is with the issue. If the answer is something simple like he forgot and (thanks for the reminder) or a good excuse like (a family member died, his abode burned down, etc.) then give him a pass for a period of time. A good idea is to calendar when you made contact with him about the issue so that you can refer to the length of time that has passed if you need to remind him a second time.
If it becomes obvious he is purposefully not respecting the Order than you need to call your attorney (the one that represented you in the divorce). Your attorney will probably either call the attorney that represented your (Read More...)
Hunting season is approaching, with the general deer and elk rifle hunt starting around October 10. In Idaho, you need a tag and a valid hunting license to hunt deer legally, likely requiring your rifle. However, a protection order against you will mandate surrendering your guns for its duration—potentially three months or a year, renewable.
Some may file for a protection order just before hunting season to disrupt your plans, as your Second Amendment rights take a backseat to the order. A petition can be filed without an attorney and is likely granted if the judge perceives any harm or imminent threat to the petitioner or their children.
Attorney Kevin J. Waite advises prevention. Avoid giving your spouse or significant other grounds for a protection order by refraining from actions that could be seen as threats, even if exaggerated. Maintain civility at all times. Be cautious with texts, emails, Facebook messages, and cell phone videos, as they are admissible in court. Keep all interactions civil and nonthreatening to protect yourself.
By avoiding ammunition for a protection order, you can enjoy a successful hunting season and fill your freezer with wild game.
Disclaimer: This blog is intended as general information and not as legal advice. Situations (Read More...)
When two people begin a relationship, communication is simple, enjoyable, and exciting. After a divorce, however, words can become a tool for expressing frustration, negativity, or criticism, often in a hurtful way. This is never beneficial. If negative feelings arise, consider taking a run or stepping away to clear your mind.
Good communication between parents is crucial for co-parenting. Each parent loves their children and brings unique strengths—perhaps one excels at math, while the other loves history. By communicating, parents can leverage each other’s talents to fill gaps, such as helping with homework. Coordination is also key for arranging rides to extracurricular activities, where work schedules may conflict, making mutual support essential.
Use words to praise your children’s achievements and express pride, or to thank your ex for their help. It’s positive for kids to hear you speak well of their other parent or see you collaborate respectfully. Conversely, negative or dysfunctional interactions can be detrimental. Teach children to manage anger constructively, not through meanness.
Being a good communicator sets an example, helping children develop skills for their own lives and careers. Lead by example.
Disclaimer: This blog is intended as (Read More...)
Being divorced with minor children in school and having your spouse now living in another state can seem like a ticket to a parenting disaster but with the help of modern technology, affordable transit, and some work, it can be done.
For the big holidays, and summer vacation time, getting a copy of the school calendar is a good beginning. Undoubtedly in the parenting plan of your divorce decree the school holidays and summer holiday were in some way split up. Knowing your time with the child ahead of time can enable you to purchase cheaper plane tickets to where you live, or if car pick up is possible, give you advance notice to arrange time off of work to pick up the child. Road trips can be a fun bonding time and educational (especially if the child is allowed to participate in the planning of the route, see what gasoline costs, and where to eat.)
Planning can get dicey if there are things like camps (football camps, music camps church camps, etc), or doctor appointments, dentist appointments (as in braces) scheduled during this time but largely these obstacles can be worked around. Usually both parents have paid into these so they are known obstacles. Having fun things planned where you live - for you and the child can help make it (Read More...)