Issues Concerning Children In A Divorce
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At one time, when parents divorced or separated, the courts automatically awarded custody to a single parent, usually the mother. Custody rules were based on the premise that children needed to form one strong primary bond with a parent, and all other bonds were secondary and not as important.
Current research supports a different theory, that children can actually form many bonds with adults, all equally as strong. In fact, the more bonds children form with caring, stable adults, the better it is for them developmentally. The idea of equal parenting time or shared custody is based on this research. While the science behind custody has changed, often societal conventions and the court system have not. Maximizing child visitation is mutually beneficial for both parents and children. While each situation is unique, generally winning child custody while protecting child visitation and child custody rights is vital for a successful result. With so much at stake for children and parents in a child custody dispute, having a well-informed child custody attorney can make a major impact on the outcome of a case and the life of a child.
For over 25 years, Charles D. Jamieson has been a leading advocate of parent's rights in the legal community. While practicing in Maine, he wrote a pivotal paper that promoted a new legal understanding of custody issues. Through solid psychological data and access to well-respected experts, he has consistently helped his clients litigate or settle difficult child custody and visitation issues. Supervised visitation is sometimes a necessary first step towards restoring child visitation rights for the future. At other times, supervised visitation is not in the best interest of the child and should be revisited.
What Is A Parenting Plan?
Which Parent Gets To Make Decisions For The Child?
To Do List For Divorcing Parents
Divorce can be frightening, but being informed and prepared can help ease the process. Remember to take your time and don't rush matters. Planning for divorce is best done deliberately and slowly. Here are some suggestions for divorcing parents, or parents contemplating a divorce to consider:1. Investigate community resources for counseling, support groups, and financial assistance, and talk to family and friends who have recently been through divorce.
2. Keep a divorce notebook to list all problems concerning impending separation and divorce. List each step that you take in the divorce process, including a summary of all telephone calls and conferences with your attorney and accountant.
3. Make a written list of the questions you want to discuss with an attorney. Then, consult a lawyer about your legal rights. Ask about collaborative divorce to determine if it is an appropriate alternative to a contested divorce.
4. Before you separate, and while you are in the process of divorce, open a post office box that you can use for your mail if you and your spouse are continuing to share the same residence.
5. Write a summary of details of your marital history. Include the date you began living together, the date you married, your children's birth dates, any previous separations, when various assets were acquired, and the separate property either of you brought into the marriage or inherited.
6. Gather information about what you own and owe. You will need copies of financial statements, tax returns, retirement plan documents, brokerage statements, insurance policies, deeds, credit card statements, bank account records, etc.
7. Obtain detailed information on each retirement plan in which you and your spouse have participated.
8. Get estimates of the value of the property you own.
9. Find out what is in the safe deposit box and if possible, secure both keys.
10. Using your checkbook and credit cards, prepare a spending history for last year so you can determine your future needs and decide where to cut back if necessary.
11. Before you separate, use joint funds to repair your automobile and home, buy clothes for yourself and your children, and get needed dental work and medical checkups.
12. If possible, set aside cash reserves to use during the first few months of separation and make arrangements to secure funds for retaining an attorney.
13. Consider transferring your share of joint funds to your separate bank account.
14. Consider paying bills and credit cards that are in your name from joint funds before separating, so you do not have to worry about your credit rating being damaged.
15. Apply for credit cards in your own name. If possible, obtain credit cards with check writing privileges.
16. When you are ready to separate, close joint credit card accounts, get control of both cards issued on accounts, and notify creditors that you will no longer be responsible for your spouse's charges on accounts.
17. Make a list of which assets you would like to keep if you divorce, and what you are willing to give up.
18. Consult with your accountant about the tax consequences of various options, especially of keeping the house.
19. Begin negotiation discussions with your spouse, as calmly as possible. Find out where he or she is willing to make concessions.
These suggestions are not meant to be comprehensive in nature, or to be legal advice. Certain suggestions may not be applicable to your circumstances. Please consult an attorney regarding the specific circumstances of your case.
How Can I Communicate Electronically With My Children?
Child Support
Child support is a top concern of many parents who are no longer together. While most parents want to do what is right for their children, there is often a fine balance between ensuring a child is well taken care of, and maintaining reasonable expectations for the supporting parent. Both concerns are valid.Child support guidelines in Florida provide a baseline for required support payments. Factors such as income levels, earning potential, number of children, and others are used to calculate the figure. From this baseline, a child support attorney can recommend adding or subtracting 5% after documenting and presenting evidence to the court.
While protecting child custody rights and maximizing support within Florida child support guidelines, child custody lawyers must remember the importance of placing the child's best interest at the center.
Can I Stop My Ex From Relocating With My Kids?
Where Do We Meet To Exchange The Kids?
We live in a mobile society. As a result, many divorced or separated parents are often located in different communities, counties, or states.Finding a location to meet to exchange the children for visitation/contact with each parent under such circumstances can be challenging. Family lawyers and their clients may not be familiar with convenient locations to perform contact exchanges at the half way point between the residences of the parents. Often where there is a need, the internet will provide a solution.
One such solution may be the website: www.meetways.com. This website may provide assistance for parents and other individuals to find locations of interest (such as restaurants and other similar establishments) between two addresses. It may provide assistance to families who are traveling or to divorced families who are looking for a convenient place to perform a contact exchange.
What Does The Court Look At In A Relocation Case?
West Palm Beach Family Law Blog
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A highly principled legal professional driven by a passion for his work, Charles Jamieson has practiced law for more than 28 years. He began his famil... more »
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