Showing posts with label parent. Show all posts
Showing posts with label parent. Show all posts

Wednesday, April 17, 2013

Co-parenting presents unique challenges for parents

One of the biggest challenges during divorce is determining child custody. In Georgia, judges typically encourage a custody plan that is in the best interests of the children and grants both parents visitation time.

Judges also grant either sole custody or joint custody. If sole custody is granted, the non-custodial parent retains visitation rights but is not allowed to make significant legal decisions concerning items such as health care, religious upbringing or education. With joint custody, both parents share in the decision-making process regarding these critical decisions.

Be consistent when making decisions, but also stay flexible

Regardless of what type of custody is granted, it is best for both parents to remain actively involved in their children's lives. This is referred to as "co-parenting" and has numerous positive benefits for children.

Although co-parenting styles differ based on family needs, divorce and parenting coaches provide some basic guidelines that can help ensure a smooth transition to co-parenting and help minimize the negative effect of divorce on children.

It is important to allow children the ability to spend as much time with each parent as they desire. Georgia law allows children over the age of 14 to choose which parent they want to live with, and children are likely to respond positively to parents who respect their living preference.

Additionally, remember that parenting was a team effort in the past, and this should not change because of a divorce. Try to respond to problems that arise in the same fashion as before the divorce. Children adjust better if parents continue to respond to situations in a consistent manner.

However, it is also important to stay flexible with decisions and realize that because divorce involves adjusting to a new situation, compromise may sometimes be necessary. Remaining open to creative solutions and expressing a willingness to "give in" to the other parent when necessary sets a great example for children, who often model their parents' behavior as adults.

Both parents should remain included in significant events

Divorce can be emotionally traumatizing for even the most mature and stable adults, so it is also extremely important for co-parents to keep arguing to a minimum around children.

It is expected that this may initially be difficult. Nonetheless, children will gain long-term benefits from witnessing their parents handle negative emotions in a mature and responsible manner.

One of the best ways to show this maturity is including the other parent in important events in children's lives, such as birthdays, graduations or sporting events. Although decisions like this may seem to have only a minor effect on children, they produce significant long-term benefits.

Finally, one of the biggest mistakes co-parents can make is forcing children to relay messages back and forth. Children commonly misinterpret messages, both intentionally and unintentionally. This disrupts the overall communication process for everyone and is likely to lead to unnecessary conflicts.

Divorcing couples struggling with co-parenting issues should consult an experienced family law attorney. The attorney can help negotiate a fair custody arrangement and visitation schedule and help ensure a smooth co-parenting process.

Article provided by The Siemon Law Firm
Visit us at www.thedivorcelawyeratlanta.com

Contact Information: FL Web Advantage

Source:
Co-parenting presents unique challenges for parents



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Friday, March 22, 2013

Contested adoptions in Minnesota

Contested adoptions in Minnesota

Not every parent that has a child is able to provide that child with the care that he or she needs. Maybe the parents had problems with drugs or alcohol, mental health difficulties that prevented them from parenting safely; or were too young to handle the responsibilities of being a parent. In some of these situations, a family member may step in and raise the child for the parents either on an unofficial or a legally recognized basis.

In some situations, however, a child may be placed in foster care, and ultimately may become available for adoption. In most cases, these adoptions of children out of the foster care system will proceed according to plan. Even though it may take time before the adoption is finally finished, foster parents usually know what to expect. However, when an adoption becomes contested, things can get very difficult very fast.

In many contested adoptions, either foster parents or relatives may try to prevent the adoption from occurring, or instead seek to adopt the child themselves. Sometimes it can be difficult to timely locate family members who may be able to provide care for the child. This can lead to even more delays, making it more disruptive to move the child to new caregivers, and making it more likely that litigation will ensue as a result. Extensive and time-consuming litigation is often the end result when such situations arise.

These cases can become extremely complex, because of the number of parties involved. These frequently include foster parents who are looking to adopt the child, relatives or others who are also seeking to adopt the child, representatives from the child protection agency handling the child's case, an advocate for the child known as a Guardian ad Litem, as well as others who may have an interest in the case.

When courts decide these contested adoption cases in Minnesota, they will make their ruling based in large part upon the child's best interests; but other considerations are part of the decision as well, including what level of priority - if any - is to be given to relatives under Minnesota law. The court will have to analyze several factors to determine which prospective adoptive parent(s) can best meet the child's best interests; as well as legal arguments about the requirements of Minnesota statutes concerning relatives. This will often depend significantly upon the testimony that was heard at trial, and often involves the use of experts in an effort to show why one party should be chosen as the adoptive parent(s).

If you are considering adopting or contesting the potential adoption of a child, whether you are a foster parent, a relative or an interested party, it is important that you contact an experienced family law attorney to discuss your situation. Adoption proceedings can at times be complex, particularly where there is a possible contested proceeding, and you may need someone to explain the process and your options to you. Being prepared can help you have a plan in place should any issues arise.

While most adoptions will not be highly contested matters, an attorney can help you be proactive, preserve your arguments if necessary and protect your rights at this time. These can be emotionally difficult matters to resolve, they can be legally complex, and you may have trouble focusing on the issues that need to be addressed. An attorney can help you present your case, and allow you to demonstrate to the court why your request should be granted.

Article provided by Walling, Berg & Debele, P.A.
Visit us at www.wbdlaw.com

Contact Information: FL Web Advantage

Source:
Contested adoptions in Minnesota



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Monday, March 4, 2013

Removal of Children from the Commonwealth


One of the most complex issues faced by the Probate and Family Court arises when one parent wishes to relocate out of Massachusetts with a minor child, or "remove" the child from the state. The removal statute found in M.G.L. ch. 208 Section 30 states that "A minor child of divorced parents...shall not, if of suitable age to signify his consent, be removed out of this Commonwealth without such consent, or, if under that age, without the consent of both parents, unless the court upon cause shown otherwise orders." Though the statute refers to a child of divorced parents, it has also been applied to children born out of wedlock.

The statue provides two easy methods to remove a child out of the Commonwealth. First, if the child is of suitable age, then he or she can consent to the removal. Second, one parent may consent to the child's removal by the other parent. However, the majority of removal cases involve either children who are not old enough to consent, or involve the other parent opposing the removal. In this situation, the statute authorizes the Court to order the removal "upon good cause shown."

Over the years, the courts have been tasked with determining what exactly the vague language "good cause shown" means. Fortunately, the case law has been relatively settled after the Supreme Judicial Court's precedential case, Yannas v. Frontistou-Yannas, 395 Mass. 704 (1985), which primarily focused on interpreting this phrase. The court began its analysis by broadly stating that "good cause" means that it would be in the best interest of the child, including whether the child's quality of life would be improved, the effect the move would have on the child's relationship with the non-custodial parent, and the emotional and developmental effects of the move on the child.

More specifically, the court in Yannas and later courts alike placed significant weight on whether the custodial parent has demonstrated a "good, sincere reason" for wanting to remove the child. A "good" reason to remove the child has been interpreted to include a move closer to extended family, a move by the custodial parent for better job prospects, and a move for a new spouse's employment. A "sincere" reason for seeking removal is one that is not motivated by a desire to diminish or preclude contact between the non-custodial parent and the child. Once this "good, sincere reason" threshold has been met, a court will then determine all other factors affecting the "best interest of the child" collectively to reach its decision.

There is no easy answer to the removal question. Most often, it becomes an extremely contentious and emotionally charged issue. The most important thing to remember for a removal case, as well as any other case involving children, is that the courts will always act in the best interest of the child and seek to preserve the child's relationship with the non-custodial parent.

The Massachusetts Family Law Group
124 Long Pond Road
Plymouth, MA 02360
Phone: 203-776-0535
Website: http://www.thebostondivorcelawyer.com/

Dahlia Habashy
Massachusetts Family Law Group
Associate Attorney
124 Long Pond Road Suite 12
Plymouth, MA
US 02360
Voice: (508) 732-9977
http://www.thebostondivorcelawyer.com/

Source:
Removal of Children from the Commonwealth



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