Protecting Your Children in a Divorce

Child 1 

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A divorce can be hard on every member of a family. It is a well-known statistic that 50% of marriages in America end in divorce. If you are going through the unfortunate experience, the first thing you need to do is make sure your children are protected from the experience.

Your approach to the subject will depend on the age and maturity of your children. If you believe your children are mature enough to handle the situation, then you should sit down with them and tell them exactly what is happening. It is never a good idea to lie to your child. If your child is too young or unstable to deal with the situation, you should be delicate with them, but you still should not lie to them about it.

You should also consider having your child or children see a Councelor. Counseling may not seem necessary at the time, but it is very important that your child has someone to talk to that is not involved in the situation. If your child is really not in need of much counseling, you should still research good Councelors in your area so your child will have the option of talking to someone if they need to in the future.

You certainly love your children, so it is very important to help them through this situation. It is easy for a divorce to harm children, especially if they think it is their fault. Protecting your children needs to be one of your first concerns in a divorce.

Why You Need a Parenting Plan?

Children need love and guidance from both parents. When their parents no longer live in the same household a parenting plan helps to create a predictable environment for children to spend time with each of their biological parents.  A parenting plan is a legal document that addresses common parenting concerns, such as:

  • Dates and times of visitation
  • Holiday schedules. (For instance a child may spend Christmas Eve with mother and Christmas day with father.  Or the child may spend both Christmas Eve and Christmas Day with the mother in even numbered years and with the father in odd numbered years.)
  • How medical decisions will be made.
  • School and social functions. (For instance, how will the noncustodial parent be notified of parent/teacher conferences, school programs, and the child’s athletic events?)

The best parenting plans anticipate areas of potential conflict between the parents and provide balanced solutions.  In addition, good parenting plans will provide a method for the parents to work out conflicts that they can’t resolve themselves by requiring mediation or arbitration.  Initially parenting plans may seem rigid and unnatural, but over time they provide both the parents and the children a predictable rhythm to their lives.

Parenting plans are living documents—which means that they need to modified as the children grow and their needs change.  While many courts have court facilitators that will help you write your parenting plan, it may be necessary to a hire a mediator to help work out conflicts.  Most areas of the country have Dispute Resolution Centers that offer mediation on a sliding fee scale.

Financial Aspects of Adoption

When one is considering adoption there are many things to consider including the financial aspects of adopting. Adoption can be a very expensive process, although there are some adoption options that are not as expensive as you would think. If you are someone who just wants to help children in need and want to offer a safe, happy, and loving home for a child you may want to look at all of the options available.

Adoptions from the United States foster system are the least expensive option. This type of adoption can offer little or no cost and in fact many states may even offer subsidies to adoptive parents. Next on the list would be stepparent and relative adoptions. These types of adoptions can be accomplished without too much cost involved.

When considering adopting through an agency or a private adoption the costs start rising. Agency and private adoptions can range anywhere from $5,000 to $40,000 or even more depending on many factors. Each state has different regulations and may have differing expenses involved in the adoption process. Depending on the situation there may also be additional cost involved due to expenses for the birthmother, travel expenses, or other factors. International adoptions are also expensive and can range anywhere from $7,000 to $30,000 again dependent on the specific situation of the adoption.

There is now tax benefits offered to adopting families. The tax credit applies to both international and domestic adoptions, although the process and forms for filing will differ with the type of adoption. Adopting parents are given a $12,150 credit per child for expenses incurred during the adoption process.

Although the cost to adopt can be overwhelming and may cause lower income families to feel that they do not have any option available to add a child to their family, there are options available to help with the cost of adopting a child. The tax credit mentioned above is one way. Other options include adoption grants, adoption loans, employee adoption benefits, military adoption benefits, and as mentioned earlier the lower cost option of foster care adoption.

Have you got children? What to expect when filing divorce?

Children in Jerusalem.
Image via Wikipedia

Marriages are made in heaven. But sometimes, it is not possible for couples to continue with their married life because of incompatibility, cheating of partners or wrong attitudes. Living with each other becomes so difficult at times that people have to decide about taking divorce to get out of the relationship. Divorce is the final contract of separation between two partners and is the very unfortunate reality of life.

If the partners have decided to get divorced and they are having children, it is not only them two who get directly affected by the decision but their children as well. The procedure of getting divorce while having kids often becomes bit lengthy as there are certain things that need to be settled legally.  If you are having kids and have decided to take divorce from your partner then along with other things you must be expecting to settle things associated with your kids i.e. child support.

The child support laws are defined to guard the rights of children whose parents get separated so that the children do not get affected by the circumstances of divorce. There are many different factors and guidelines defined by the law authorities to protect the rights of children and to make sure that their expenses and everyday necessities are provided by their parents. If you are filing divorce then you must know that as divorce laws are different in different U.S states, so are the child support laws. And to get the better understanding of the child support laws of your state you must be consulting your lawyer so that the attorney could explain all the things associated with divorce and the child support.  Like, if you are living in Florida and are getting divorced from your partner, then your children care and support will be decided on the basis of Florida Child Support laws. Hence, you must consult your legal advisor to explain all the Florida Child Support laws to you.

Having a better understanding of divorce and child support laws specific to your state enables you to understand how different laws are going to affect you and your children rights.

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Your Day in Family Court

Divorce is a stressful time. And the last thing you want to do is add to the tension by being frazzled and unprepared for your family court date or mediation appointment. But Family Court isn’t just about having papers filed in duplicate and your documents in order. It’s about presenting yourself in a professional manner – to the judge and your ex-spouse.

Punctuality

Always arrive on time for court. If you are not in the courtroom when your case is called, your case will be rescheduled or placed at the bottom of the docket. This means more wait time for you inside the courthouse or between your scheduled hearings.

Avoid these issues by arriving at least 30 minutes early. Anticipate any unforeseeable delays, such as no parking, street traffic, or freeway closures.

Personal Appearance

In Family Court it is important to dress appropriately. Females should avoid miniskirts, low cut blouses, sheer clothing, and clothes that are too tight. Men should also avoid sheer or tight clothing, as well as low slung jeans, torn shirts, and any type of head covering baseball cap, head rag, cowboy hat.
You should dress for court as if you were dressing for a job interview. If you do not have any professional clothing then a pair of clean jeans and a clean, button down shirt should suffice. If you must wear a T shirt, avoid any printed with phrases or characters.

Demeanor

Your behavior in court should be subdued and respectful. Don’t break out into a profanity filled shouting match with your ex, and do not attempt to bully your way around the courtroom. Treat the Judge, the bailiff, the clerks, and any other employee’s of the Court with courtesy and respect. And always refer to the judge as “Your Honor” or by the title “Judge” followed by his/her last name.

Follow these simple suggestions, and you won’t have to worry about anything other than getting your divorce proceedings settled.

Your Custody Arrangement Options – Part 2

ORANGE, CA - OCTOBER 21:  Janine Lindemulder i...
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Child custody is a complex issue and will essentially establish the relationship you have with your children. In Part 1 of this 2 part article on Custody Arrangements, joint custody and sole custody arrangements were discussed. Now, it is time to consider the split custody and fifty-fifty custody arrangement.

But, before you decide on a custody arrangement, keep in mind there are several things to consider  how often do you want to see your children, is your spouse a proper care giver, what living arrangements can you provide for your children, will you be able to keep your children at the same school?

No matter what your preference is; the arrangement will be court approved and the decision will keep the best interest of the children a priority.

Split Custody or Divided Custody

When a family has two or more children, both parents may agree to a split custody arrangement. Split custody involves each parent taking primarily responsibility for one of the children. Split custody arrangements are best in an amicable divorce, when both parents live in close proximity to each other.

There are criticisms involving split custody, with psychologists and child advocates arguing against the separation of siblings especially when they are already dealing with their parents break up. However, there are quite a few families who thrive under this type of arrangement and find it was in the best interest of the children to give primary responsibility for each child to a specific parent.

Fifty  Fifty Custody Arrangements

Similar to joint custody, fifty-fifty custody arrangements grant each parent about 50% of the child’s time. The time with children is not considered a form of visitation, as each child literally lives with one parent and then the other. The benefits include continuous parent involvement in the child’s life, as well as the sharing of care giving responsibilities. However, many children find the consistent moving from home to home a type of psychological and emotional upheaval.

When Your Children Need Extra Support

Support Group in Removing the Glove
Image by drurydrama (Len Radin) via Flickr

For many children, the negative effects of their parent’s divorce are short lived. The anger, fear, and confusion fade with time and the kids grow into healthy adults with loving families of their own. But sometimes, the upheaval of divorce leaves the children feeling powerless and frightened and the feelings follow them into adulthood.

Kids have the amazing ability to observe the world around them, so no matter how hard you’ve tried to keep the pain of your dissolving marriage from your children, they know something is wrong. In extreme cases, the kids take the pain of divorce and internalize the trauma. They may become depressed or destructive. They may feel responsible for the breakdown of your family. That’s a lot of guilt and pressure for an adult, much less a child. And as a parent, this is the last thing you intended for your children.

If you find your children are not able to move past the divorce. When you’ve done all you can to help your children cope and thrive, it may be time for you to seek the help of a support group.

There are several children’s support groups available through civic centers, religious organizations, and medical communities. Support groups for children are led by adults familiar with the pain of divorce   they may be children of divorce or parents who have experienced and learned from their children’s reaction to divorce. Support groups aren’t meant to replace your love, but they will provide your children with additional support and guidance.

Support groups provide children with numerous options for self expression  journaling, painting, role play. They also give children an opportunity to connect with other children, who are dealing with similar situations. The benefits of children’s support groups are numerous, and the results are life-long. Find support groups in your area by asking for recommendations from your child’s pediatrician, the local school district, or county social service agencies.

Divorce Your Spouse, Not Your Children

Children in Jerusalem.
Image via Wikipedia

In the chaos and turmoil of divorce, it’s easy to lose focus on your priorities. But if you are like the majority of divorced parents you don’t want your children to hurt or suffer in any way. To keep your kids safe, remember the following:

-Don’t argue in front of the children. Kids don’t need to hear about the ugly details of your divorce. And they don’t want to hear the two people they love the most arguing with each other.

-Love your children without conditions. Don’t make your children feel guilty if they still love their mother or father. Remember, you did too at one time.

-Don’t expect your children to become the family mediator. Asking them to deliver messages, spy, or report on the other parent’s social life and behavior is unacceptable.

-Your children are your children, not your therapist. Don’t use your children as a sounding board for all your disappointment and anger. If you need someone to talk to seek out a support group.

-Don’t expect ask your children to decide who they will live with, spend holidays with, vacation with, or spend their birthday with. It is impossible for children to choose between parents.

-Establish and maintain a schedule for your children. If your children are expected to be at their mother’s house on Friday, then stick to the schedule. In times of upheaval, last minute changes are disruptive to your children’s lives.

-Your kids will be angry, sad, disappointed, and hurt. Let your children express themselves, and understand the divorce hurt them too.

-Don’t make your children worry about finances. If you pay child support, make the payments on time and with no complaint. If you receive child support don’t complain to your children about the amount, and make sure the money is used for the children and their needs.

-Let your children love all members of the family- including new a new step parent.

Familiarize Yourself with Adoption – Part 1

Adopting a child is a selfless act of love and generosity. Adoption is not a new process, but the plight of unfortunate, parent-less children has never been as well known as it is today. With the recent increase of celebrity adoptions, renewed attention has been brought to the adoption process, and the happiness awaiting young children in need of parents.

If you are considering adoption, you will have several questions regarding type, cost, and legal issues. Of the three, types of adoptions are the most important as the type of adoption you chose will influence the cost and legal issues of bringing a new daughter or son into your family.

Before attempting to adopt a child, it’s important to familiarize yourself with the two most common forms of adoption: Agency adoptions and independent adoptions.

Agency Adoptions

An agency adoption is handled through a state regulated agency that places children with parents interested in adopting. As a state agency, the adoption agency is licensed to offer adoption services. There are two types of adoption agencies: Public and private. A private adoption agency is typically run by a charitable organization or is affiliated with a social service agency. Private adoption agencies usually assist expectant parents, who did not wish to keep their child, find loving adoptive homes. In contrast, public agencies typically care for wards of the court, who have been removed from their home because they have been orphaned or are victims of abuse, neglect, or abandonment.

Independent Adoption

Independent adoptions are handled directly between the expecting parents and the adoptive parents. In an independent adoption scenario, a clergy member or a physician may refer the potential adoptive parents to an expectant couple who wishes to give their child up for adoption. Independent adoptions are highly regulated and not allowed in all states. Because of the legal issues involved in setting up an independent adoption, legal representation by both parties is highly recommended.