Are Differing Post-Divorce Parenting Styles Causing Conflict?

postdiv.jpgHow do you handle it if after a divorce you and your Ex have different values or parenting styles? Do you hear “Mommy would let me” or “It is much more fun to live with Daddy”? Here is some great advice on this topic frequently raised by clients to their divorce lawyers. Dr. Greg Ramey, PhD, a child psychologist at Dayton Children’s Hospital and author of the Family Wise Column in the Dayton Daily News responded as follows:

Question:

My 7-year-old came back from a visit with his dad and asked me why he can do things there that he can’t do at home (e.g., stay up late, watch certain videos and eat certain types of food). I have an excellent relationship with my ex and I don’t want to say or do anything that will cause problems. I disagree with my ex on these issues but I don’t want to say that to my son.

Answer:

You can be honest with your son without criticizing your ex-husband. How about trying something as simple as this?”Grownups sometimes have different opinions on raising kids. Families may have different rules about bedtime, television and chores. I do things here that I Read More... “Are Differing Post-Divorce Parenting Styles Causing Conflict?”

“Helping Children Succeed After Divorce”, Seminar Update

sem3.jpgIt has been six months since our first blog article appeared regarding the Montgomery County Domestic Relations Court’s “mandatory requirement” that both parents must attend a seminar intending to assist parents in understanding what each must do to help their children succeed after a divorce or dissolution. Several questions have arisen since the initial article was published, and I shall endeavor to address them.

Question #1: Divorce is proceeding in Montgomery County, Ohio, but Wife/Mother has relocated to the State of Florida.  What is she supposed to do about the requirement to attend a seminar in the State of Ohio?

Once again, I contacted Galen Curry, Manager of the Parent Education Department of the Domestic Relations Court of Montgomery County, Ohio, and he advised me of the following options:

  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the State of Ohio.
  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the
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The Dependency Tax Exemption Requirements Have Changed For 2009!

taxdep.jpgIn 2008, the IRS amended Code Section 152(e), the section which addresses the subject of the child dependency exemptions for divorced or separated parents. The old rule and procedures have been changed dramatically.

Here is a summary of the dependency exemption requirements:

  • The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  • The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
  • The child must have lived with you for more than half of the year.
  • The child must not have provided more than half of his or her own support for the year.

If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.  (To read the special test for a qualifying child of more than one person, click here.

In most cases, but not always, a child of divorced or separated parents will qualify as a … Read More... “The Dependency Tax Exemption Requirements Have Changed For 2009!”

A Commentary: Nurturing Children After Divorce

post_divorce.jpgConsidering a multitude of differing perspectives and insights helps me to better hone my skills as a divorce lawyer.  What I see and hear every day is rarely black or white, but a rainbow of shades of gray. One way of broadening my viewpoint is to read all sorts of blogs each week, an activity which I totally enjoy! Consistently, one of my favorites is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law.  Attorneys and clients both should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years.  So, when I read his recent post about “What We Are Teaching Our Children of Separation and Divorce,” I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

“What We Are Teaching Our Children of Separation and Divorce”

I stumbled upon a quote, while reading some other blogs that … Read More... “A Commentary: Nurturing Children After Divorce”

The Legal Distinctions Between “Sole Custody” vs “Shared Parenting”

legalcus.jpgFor many parents contemplating a divorce or dissolution of their marriage, a primary concern is which parent shall have “custody” of the child or children of the marriage.  I shall begin the article by addressing the differences between the two parenting systems in Ohio – “sole custody” and “shared parenting”.

  1. The parents have different names or titles:  In a situation where one parent has “sole custody” of the child/children, that parent is designated as the “residential parent and legal custodian” and the other parent is designated as the “non-residential parent” or the “non-custodial parent”.  In a shared parenting situation both parents have the same title. They are both designated as the “residential parent and legal custodian” of the child or children.  For school district reasons of residency and tuition, one parent’s residence is typically designated as the residence of the child for school district purposes.  The parent whose residence is the residence of the child for school district purposes may have a slight advantage over the other party as he or she has the ability to change residences with the child changing school districts accordingly.  For example, in a “shared parenting” arrangement wherein Mother’s residence is the residence of the
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Estate Planning For The Modern Family – Use Of The QTIP Trust For Second Marriages

qtip.jpgAs we all know, the typical family from the 1950’s television shows such as “Leave it to Beaver” have become a rarity over the years.  A couple celebrating their golden wedding anniversary is not so commonplace.  Today, approximately fifty percent of all marriages end in divorce.  In the traditional family, estates usually involve wills and the use of “joint and survivorship” ownership between husband and wife or “beneficiary designations” to ensure that upon the death of a spouse everything would pass to the surviving spouse.  However, in today’s modern family, there may be a second or even third spouse and children from prior marriages.  How does an individual take care of his or her current spouse yet protect his/her children from a prior marriage?

The problem with leaving everything outright to one’s spouse in such a family is that the spouse may presumably leave everything to a new spouse or to their own children upon their death, leaving the children from one’s prior marriage with nothing.  Even providing for one’s children in one’s will may not solve the problem because in Ohio a surviving spouse has certain statutory rights.  These include:  (1) the first $40,000 of the deceased spouse’s estate; … Read More... “Estate Planning For The Modern Family – Use Of The QTIP Trust For Second Marriages”

10 Tips To Cut Your Attorney Fees

timesave.jpgI would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation.  The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.  Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy.  Each attorney would no doubt answer this question differently.  So, be sure to ask your attorney about his or her own particular preferences.  Here are some of my simple tips to reduce your attorney fees:

  1. Use email instead of the phone.  Email communications are an excellent way to keep your attorney advised as to ongoing developments.  But, realize that many attorneys receive hundreds of emails in a
Read More... “10 Tips To Cut Your Attorney Fees”
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