Time to Review Your Parenting Plan

What are some of the reasons parenting plans need to be updated?

It is a fact of life that children grow up and become more independent. 

The plan you agreed to when your children were toddlers may not be appropriate now that they are pre-teens.  

Parenting plans should allow for flexibility to accommodate each life stage of your children.Your children may be enrolled in school activities that were not in existence when the original plan was drafted, they may be attending day or overnight camps, or just want some time away from their parents to spend more time with their friends. 

What are the steps to be taken if the parenting plan is no longer effective?

First, identify the problem. Is it a temporary scheduling conflict due to a new activity such as playing on a sports team, a dance class or a play with a definite end date?

Next, discuss with the other parent possible solutions to the problem, which could be anything from parents switching their parenting times, adjusting the time and place for child pick up and drop off or arranging for supplemental child care.

Don’t be afraid to enlist the aid of third party neutral, like a mediator, divorce or life coach, to assist in finding a solution if you and the other parent aren't agreeing on the changes. Your attorney can also be a good resource and may provide some helpful suggestions and resources.

Once you have a new agreed upon plan, contact your attorney to draft the appropriate pleading to modify your judgment and incorporate the changes into your existing plan.

High conflict situations

A harmless activity like the family vacation can turn into a stressful and unhappy event. It is common when drafting separation agreements and parenting plans to include detailed instructions concerning the issue of vacations.  However, a problem can arise when one parent wants to deviate from the current plan without the other parent’s permission.

A parent is not allowed to take a child out of state or abroad without the permission of the other parent. It is important to get this permission, in writing, well ahead of any vacation bookings to avoid disappointments and a civil contempt or kidnapping charge.  

What happens if the other parent refuses to change the plan?  

In a perfect world, divorced parents would get along well enough to co-parent peacefully.  However, if that were the case, you probably would still be married.   Many parents have good results when they employ the help of a neutral third party such as a divorce or life coach or mediator to assist with a solution. Unfortunately, if the conflict can not be resolved peacefully, there may be no choice but to file a complaint for modification of the plan with the court.

What happens if the other parent is not following the current plan?

Sadly, there are some cases where the other parent refuses to follow the court order despite attempts and communication.  If that is the case, contact Fleischer Law Solutions to discuss ways to resolve the issue, which may involve filing a Civil Contempt.

Co-parenting is never easy even with the best of parenting plans, but with the proper preparation another costly court battle may be avoided.

Please visit my Facebook page where I post relevant articles concerning all issues of divorce and family law. 

Fleischer Law Solutions has a network of divorce professionals whom we work with to prepare and protect our clients throughout the entire divorce process.

Call Fleischer Law Solutions today and book a consultation to discuss how we can help you obtain the best solution to your legal problem.

3 Financial Steps You Must Take to Prepare for Your Divorce

Open Your Own Bank Account

No matter who decides to file for divorce, you are going to need money for legal fees, court costs, and living expense. It is a good idea to have an emergency fund available that will cover some of these costs. Once the divorce complaint and summons are served, there is something called an automatic restraining order on all assets. It’s just as alarming as it sounds and can tie your assets and ability to care for yourself into knots. It means that no money can be transferred, nor can property, stocks, or bonds be sold without express permission of the other party.

If you aren’t on speaking terms with your spouse prior to filing for divorce, you can imagine how difficult a financial transaction can become once a divorce is filed. It can also be expensive if you are reduced to communicating through lawyers. The good news is you are allowed to use the money for legal fees and for usual running of a business and living expenses.

If you don’t have your own bank account, I suggest opening up an account in a separate bank from where your joint account is held. 

Do not fall into the trap of putting cash in a safe deposit box. First, it is now illegal to keep cash in those boxes and secondly, any safe deposit box and its contents have to be disclosed to your spouse during the information gathering process of the divorce.

Check Your Credit Report

Check your credit report. If you have joint accounts, what your spouse does is going to affect you. If he or she has been secretly running up debt, a lower credit score will give you a hint. CreditKarma.com will provide you free credit reports from Equifax and TransUnion.  

Gather Your Financial Documents 

You need to conduct a financial analysis of what you both own. Once your divorce is filed, both parties will be required by law to complete a financial statement and exchange bank account statements, tax returns, retirement account statements, W-2 statements and any loan applications that have been completed prior to the filing of the divorce. 

The more information you have when you do meet with your attorney, the better prepared you both will be to negotiate a financial settlement.

If you suspect your spouse has been hiding assets or spending money secretly on purchases that have nothing to with the marriage, now is the time to become a detective. Keep an eye on credit account statements and bank balances. Look at your past tax returns.

Your marriage is a legal and binding contract, and like a company that does business with vendors and customers, there are financial rules, obligations, and safeguards to protect everyone – especially minor children. Treat your financial life as a business. Take out the emotion and be prepared to negotiate the deal that will lead to a new life of happiness.

Please visit my Facebook page where I post relevant articles concerning all issues of divorce and family law. 

Fleischer Law Solutions has a network of divorce professionals whom we work with to prepare and protect our clients throughout the entire divorce process.

Call Fleischer Law Solutions today and book a consultation to discuss how we can help you obtain the best solution to your legal problem.

Harmonious Holidays

1. Remember it is all about your children, not you or your former spouse. Try to keep the bad feelings at bay. Model for your children the spirit of the season by giving yourself permission to stop being angry.

2.  Follow your parenting plan. If you are still negotiating your divorce, talk with your spouse in advance on how you both will handle the holidays. For example, it is most common for parents to alternate the holidays each year. If you have good communication with your ex-spouse, certain holidays can be shared. One parent may spend the first half of the day with the children and the other parent finishes the day. Children of Interfaith marriages often spend specific religious holiday with the appropriate parent.

3. If your relationship allows it, consider continuing spending the holidays together. This will reinforce with your children that you are still a family, although living apart.

4. Create new traditions with your children instead of mourning the past. Perhaps this is the year you take your children on a trip during the Thanksgiving vacation, or book a reservation in a restaurant for the meal.  

5. Be creative and flexible. For example, on Halloween, one parent can take the children trick-or-treating, while the other parent accompanies them to a town or school celebration.

Please read here for the complete list!