Family Law Matters BlogMost clients that choose mediation or the collaborative law processes prioritize the health and welfare of their children because they understand that their children continue to need their love, support and guidance when separating into two homes. Sometimes professional help is needed when developing the best possible co-parenting agreement for the children. The agreement addresses how major decisions will be made, day-to-day decisions, support and the parenting schedule moving forward. (This schedule is often referred to as a parenting access plan. Continue Reading
Articles Tagged with parenting agreement
Can a Nesting Arrangement Actually Work?
In the most general sense, a nesting arrangement is one where the children remain in the family home while the divorcing parents take turns living in the family home and in another location. In some of my previous blogs, I have covered the basics of nesting arrangements including what nesting actually means in the co-parenting sense and some common logistical considerations. It is an option that sometimes gains popularity in the media when used in celebrity divorces. When this happens, I often see an increase in clients wondering whether nesting is more of a fad for celebrities, or if the arrangement can actually work. Although every family is different, nesting can be beneficial in many situations. Continue Reading
Separation and Divorce During COVID-19: What Do We Do When The Courts Are Closed Or Backlogged?
Even as some states loosen stay-at-home restrictions and businesses slowly start to reopen, many areas of everyday life remain effected by the Coronavirus. One of the major disruptions to everyday life has been the operation of local and state courts, and how issues and disputes are being resolved. While some areas are using video conferencing to conduct court business, other courts remain closed, putting a hold on the parties’ abilities to reach resolution. The divorce process has not been immune to these disruptions, as many family courts remain closed except in the case of emergency. Facts constituting an emergency are scrutinized. For individuals already engaged in the divorce process at the onset of the Coronavirus quarantining, or for those seeking to begin the process with the stay-at-home order already in effect, out-of-court divorce processes may provide resolution and relief. Continue Reading
“Marriage Story”: A Mediator’s Take on the Divorce Process
I work with couples that are separating and divorcing so when Noah Baumbach’s film,“Marriage Story” first opened, I was curious and wanted to see it. “Marriage Story” renewed my strong conviction that the best ways to resolve conflict are through mediation and the collaborative law process. This marriage story shows what happens when things moves beyond a party’s control. The line in the film that stood out the most to me was: “You are fighting for something you don’t even want.” One striking moment in the film was the literal tug of war between the parents and the child. The parents in the film clearly love their son but their choices about how to resolve their dispute lead them down a difficult path to resolution.
What follows are some of the lessons to be learned from “Marriage Story”: Continue Reading
Co-Parenting: Where Do I Start?
Moms and Dads that choose mediation or collaborative law usually want to create a stable, healthy environment as the family reconfigures during a separation and divorce. A well thought out parenting plan helps children and parents move forward in a positive way. Continue Reading
Nesting 101: Is a parenting nesting arrangement right for your family?
The term “nesting” is used to describe an arrangement where the children remain in the family home while the divorcing parents take turns living in the family home and in another location. (The parents move in and out of the home rather than the children moving between homes.) Nesting is an option that some parents consider as a transitional parenting arrangement because they want to keep the children’s living arrangements in place for a period of time during and/or post divorce. In practice, nesting is something that requires cooperation and communication from both parents, and careful consideration should be given before nesting is used. Continue Reading
Best interest of the Children: A Renewed Take on the Brangelina Case Study: It Doesn’t Have To Be This Way!
Divorce and custody disputes are often material for tabloid front pages. Celebrity splits never seem to fall out of favor in the media, even though there are alternative and appropriate dispute resolution methods designed to minimize the hostility. Headlines for years have centered on Brad Pitt and Angelina Jolie – the once happy Hollywood couple nicknamed Brangelina by the media. The couple filed for divorce almost two years ago, yet updates on their relationship continue.. Just recently, reports came out about a “bitter” custody battle allegedly being waged by Jolie. When two parties go from a seemingly happy relationship to a contentious court battle, it might seem like the hopes for respectful and productive negotiations are gone. This does not have to be the case in a high conflict situation because the collaborative law process has created an environment where the focus is on the children and the structure encourages dignity and respect rather than inflame underlying hostilities. Continue Reading
Traveling with the Children Post-Divorce
Taking trips with the family post-divorce should continue to be a fun, memorable experience regardless if it’s a day trip or longer. Moving forward, most families benefit when the parents work out a concrete plan for how vacation time will be spent with the children. This helps to create stability and certainty in making vacation and travel plans and in the children’s lives. Continue Reading
Creating an Effective Parenting Plan: Considerations and Questions for Parents
The divorce process is an emotional time. Tensions surrounding a parenting plan may mount even when both parents prioritize the needs of the children. Responsiveness, stability, and practicality are significant factors in developing a parenting plan. As parents begin to develop a parenting plan, the need for flexibility is also very important in creating options that consider the child first. Continue Reading
Conscious Uncoupling and its Relation to Collaborative Law & Divorce
In 2014, actress Gwyneth Paltrow and musician Chris Martin divorced. Like many celebrity breakups, news of the couple’s separation and divorce made headlines across the country and beyond. One particular detail elicited a reaction from many people: the phrase “conscious uncoupling.” People were interested in hearing about this couple’s take on what the family looks like when going through a divorce. In the years following the couple’s divorce, Paltrow and Martin have still been in the news for how they co-parent and interact with one another and their efforts to contribute positively to the culture of divorce. Conscious uncoupling and collaborative divorce seek to redefine the construct of the traditional adversarial divorce. Continue Reading