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The Divorce Whisperer Blog

Child Custody: Always Be Prepared To Go Back To Family Court

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I thought I would share a first-hand account of the thoughts and feelings of a single mom regarding child custody.  Today's post is from Linda Cross, author of Splitsville, a blog on post-divorce parenting.  The url can be found below.

http://mommyish.com/childrearing/splitsville-family-court-child-custody-divorce-326/

Splitsville: Always Be Prepared To Go Back To Family Court

My daughter's father and I never went to court for an official ruling on custody agreements. It was a personal choice we made and it's resulted in a system where he can choose how involved he is in his daughter's life. This system obviously wouldn't work for everyone, but it's the one we chose.

That being said, I did choose to speak with a family law attorney, simply to make sure that my daughter and I would be protected if her father decided to change our agreement later. I wanted to make sure that I wasn't going to be in trouble in the future if he changed his mind about wanted some form of custody. The lawyer gave me one very firm piece of advice, "Record everything."

After four years of separated parenting, I have to admit that I still keep a record of everything that happens between my ex and myself. I mark down in my day planner every time my daughter sees her dad. I make a record of any child support payments I receive, though this is pretty straight forward because I keep them in a separate savings account for my daughter's college education. And if we get into an argument, I print out the records from my cell phone text messages and keep it all in a file. I rationalize the whole thing with a "Just in case..." mentality that excuses my obsessive record-keeping as simply following our attorney's advice.

Recently, I was talking about my little file with another separated mother. She too had received advice to keep detailed records of interactions, visitations and money received. She too had a file thick with calendars and conversation records. For years, she's been silently preparing, just in case she ever needs to defend herself in court.

The further into separated parenting I get, the more I wonder if we ever stop worrying about the stability of our family arrangement. After four years, you would assume that my daughter's father would have made his move if he was really planning to sweep in and demand joint custody of our little girl. And after four years of visiting once a month, would a judge really let him switch things up now?

Yet, that lawyer's warning hangs in the back of my mind. "Record everything," just in case you need to defend yourself and your parenting. It's like preparing for a parenting audit that might come at any time. Maybe it won't matter that my daughter is happy, healthy and succeeding in school. I still might have to prove that I'm doing everything possible and deserve to retain primary custody of my little girl.

Even as I admit to my obsessive records, I wonder if I'm not dooming myself to a contentious relationship with my daughter's father. By compiling evidence, am I tempting him to challenge me? Am I setting up a difficult confrontation that might never happen if I was simply accepting our situation and working to make it as functional and honest as possible?

It feels dishonest and petty to note down every time my daughter spends an evening with her father. I know that he has a difficult schedule to contend with and that my daughter cherishes that time together. Do I need to make a note of it in my trusty Day-At-A-Glance? By preparing for an eventual return to family court, I'm worried that I'm dooming my daughter and myself to that fate. At the same time, if his circumstances change and he chooses to change our current agreement, I would hate to be unprepared.

What do you think? Should parents always be prepared to defend themselves their custody arrangements? Do you keep records just in case you have to make a trip back to mediation?

Life After Divorce: How to Rebuild Your Self Esteem

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As an attorney/mediator with a background in mental health, I feel it is important not only to play the legal role, but to also point clients in the right direction as they drudge through the emotional fallout that accompanies divorce. I offer lists of resources in their client notebooks, and some of these resources can also be found here on our website. Below is an article that may be of interest; it contains some wonderful suggestions.  Remember, there is life after divorce!

Until next time,

Marta

How to Rebuild Your Self Esteem After Divorce, by Rosalind Sedacca

Divorce can be devastating on many levels. In addition to the financial toll and stress on both partners, it can easily wreak havoc on one's self-esteem. Even those who initiate the divorce process can experience tremendous emotional turmoil resulting in guilt, anxiety and insecurity. Those who were not expecting or in any way desiring the break-up can come away feeling psychologically battered, confused and questioning their own worth. It's hard to tackle these burdens alone. A support group, private coach, professional counselor or other similar resources will be very valuable in reminding you that 1) you are not alone in your experiences or feelings and 2) there is a brighter future ahead for you -- if you take proactive steps in that direction. While family and friends are usually very well-intentioned, their support may not always be valuable for you. They have their own agendas, perspectives and values about marriage, family and divorce. What you most need at this difficult time is a support system that is dispassionate, compassionate and knowledgeable about responsible behaviors that will move you into a more positive chapter in your life. Here are a few suggestions to guide you in boosting your self-esteem during the divorce and its aftermath. Be committed to releasing the past: If you stay stuck in reliving and clinging to what no longer is your reality, you will not open the door to the next chapter in your life. There will be better, brighter days ahead -- if you allow that awareness into your experience. Make space in your life for new friends, relationships, career options and fulfilling activities. Look for and expect new opportunities in new places. See the future as a positive beginning for you and your children. You'll be pleasantly surprised about what you can create when you anticipate good things ahead. Choose your company wisely: We can't easily change other people, but we can change the people we associate with. If your social group isn't supportive of you, or tends to wallow in self-pity, realize you have a choice in your life about who you spend time with. Choose instead, aware, introspective people who accept responsibility for their own behavior and proactively move ahead in transforming their lives. Move out of the blame game and put yourself in the company of positive people with high self-esteem who can appreciate you, with all your assets and baggage, as the wonderful person you are. You may find these people where you least expect them. So step out of your comfort zone -- and be receptive to new friends and new experiences. Be flexible about change: Life is always filled with changes, not just during divorce. Get comfortable with the unknowns ahead and accept that change is inevitable. While dark periods are tough to handle, realize they too will fall away and be replaced with better days and new relationships. Listen to your self-talk. Let go of limiting beliefs about yourself. When you catch yourself in doubt, fear or put-down language, become aware of that message and consciously refute it. I am a worthy parent. I can attract a new loving partner. I deserve to be happy in my relationships. My children love me and know how much I love them. Determine what you want to change about yourself from within and relax about controlling circumstances around you. When you come to accept the reality of changes in your life, you'll feel more at peace with yourself and those around you. Life is all about choices and decisions. Use your divorce as a catalyst for positive change. Choose to be the person and parent you most want to be. Then watch how circumstances around you settle into place more harmoniously than you ever expected. * * * Rosalind Sedacca is a Divorce and Parenting Caoch and author of How Do I Tell the Kids ... about the Divorce? A Create-a-Storybook Guide to Preparing Your Children -- with Love! For her free ebook on Post-Divorce Parenting as well as articles, coaching services and other valuable resources on divorce and parenting issues, go to childcentereddivorce.com.

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Child custody disagreements can have a huge impact on the kids

It is well known in Missouri that children are greatly affected by divorce. This is especially true when the children are young and are witnesses of a nasty custody battle between parents who just can't seem to agree on anything. This sort of unhealthy environment, one that is often brought on by parents caught up in arguments over divorce and child custody agreements, can have detrimental effects on a child's temporary happiness long term development.

Therapists say that the upheaval of a divorce can interfere with the way the child comes to perceive the world. After all, for many children, the only means of viewing the world is through the actions and eyes of their parents. Therapists say that this can make children act out and misbehave, especially when children are too young to properly express themselves.

Health Insurance After Divorce

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One of the first things most of my mediation clients ask about is medical insurance. In many cases, one party is covered under their spouse's insurance plan, and they believe that this coverage can continue, like maintenace, for years post-divorce. I must explain that this is not the case with health insurance. Here is some information that I share with my clients.

Once you are divorced, you are no longer covered under your ex's health insurance.  Your health care is no longer the other party's responsibility, and the judge cannot order it to be. Those who feel they are suddenly left out want to know what their options are.  For my therapist readers, this information may be helpful to share with your clients, but remember to advise them to consult an attorney who can guide them through and make sure they handle everything properly and make the best decisions for their situation.

In some cases, divorcing couples even opt for a legal separation rather than a divorce, since some (not all) companies will continue coverage.  It is important to check with your health care provider and find out the specifics as well as the requirements they have and when/how they must be notified of the divorce.  There are very specific rules to each company.  An attorney can help you figure out the specifics of your particular situation.  

If the health insurance is through a business, the non-employee spouse may qualify for COBRA coverage, but it is important to note that this is a temporary coverage.  Children, on the other hand, can continue to be covered under the original health care plan, although it is up to both spouses to decide who is repsonsible to pay for the premiums, etc.  

There are many things that can be done to make sure that both parties remain insured, so don't fret.  Just make sure you keep an open line of communication with your attorney and express your concerns and expectations, and together, you will work out a plan of action that is right for you.  

Until next time, 

Marta

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Surviving Under the Same Roof

draft_lens5607912module43137652photo_1246276220SELL_HOUSE_1.jpgYou're going to divorce.  But all your money is tied up in your house.  You both plan on moving out of the home to something that better fits your new life, but the house needs to sell before you can plant your roots somewhere else.  And then there's the economy.  What happens if your house doesn't sell?  You may end up divorced and living under the same roof for longer than you had planned. This article provides a sort of game-plan, or at the very least, some things to consider to help you get through this awkward period.  

For anyone out there who has experienced this:  what advice do you have for other people in a similar situation? What worked (or didn't work!) for you?

If you are currently going though a divorce or are working with a client who is struggling through the process, you can find more free resources and information here.

Until next time,

Marta

 

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On Custody

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Here's a link to an article by a family court judge explaining the different types of custody and giving advice to divorcing parents.  Some very good information to know! For more information, visit www.consideringdivorce.com or click here to view the custody page on the site.   Happy Friday!

-Marta 

Reinventing Divorce

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Today I'm sharing one woman's divorce diary where she discusses her decisions and expectations as she and her husband begin the process of divorce.  I admire the commitment she has to her children and to making the process a positive one.  Dwelling on infidelity, disappointment, and other negative factors that lead up to a divorce make it hard to focus on what is really important- moving forward, building a positive future, and doing what is best for your children.  It is difficult to step back and not give in to the negative thoughts and emotions, but it is possible, and I commend those who do this because they realize what is truly important and what is at stake.  For these people, mediation is a wonderful option.  And for those who struggle with letting go of their anger, mediation can help bring their priorities into focus and help them to let go.  

 

To read Denise Albert's first divorce diary entry, click here.

Should older couples make divorce arrangements before marriage?

No one marries expecting to get a divorce; however, the reality is, it can happen to anyone. For Missouri couples, especially those who are older and have acquired a lot of assets before marriage, it is important to prepare for the worst. These assets are often highly important to a person's financial stability, and should a divorce occur, one could lose a lot.

Several methods of protecting one's finances exist for couples tying the knot later in life. Discussing exactly what assets each partner is bringing into the marriage and how the couple might want to combine -- or retain individually -- these assets is a good place to start.

Off to Springfield for the MOAMFT Conference!

We've been quite busy here at the Law Office of Marta J. Papa, prepping for my trip to Springfield, MO for the MOAMFT conference, among other things.  This put the blog on the backburner for a bit, but I felt like dropping you all a line today! I leave at noon for Springfield, and I'll have my new 40 hour fliers and newsletters in hand to share with the attendees as I continue to spread the message of mediation.  I love going to these conferences, meeting so many wonderful people who make a difference in so many lives.  I am thrilled to be able to offer an opportunity to learn another skill that can allow them to help families through the divorce process and avoid trial.  

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For our article today, I thought I would share a link to an article on huffingtonpost.com by Claire N. Barnes, MA, that discusses family conflict and its effect on children.  Children are the #1 reason why I feel that most divorces should go the path of mediaiton.  Unfortunately, many attorneys don't want their clients to mediate because attorneys make the most money when their clients go to trial.  However the toll is often devastating on both sides, it costs husband and wife large sums of money, and unfortunately promotes fighting infront of the children or bad mouthing eachother to the children.  Thank goodness Mental Health Professionals can become certified mediators!  Therapists and counselors understand the importance of offering an olive branch and cooperating to end a marraige.  This is why I think they make the best mediators!!  I look forward to meeting new friends at the MOAMFT conference this weekend and talking about the options mediation has to offer.  

Until next time, 

Marta

A post-divorce investment loss won't change a property settlement

Divorces, especially for couples with significant amounts of assets between them, often involve a complex division of property. This is decided upon many factors, such as finances before the marriage as well as what each partner put into the marriage. Ultimately, property division is finalized in what is seen to be the most equitable way. However, Missouri couples may want to take a lesson from one man's recent divorce settlement. One should ensure that he or she has valued assets before agreeing to divide them.

In this case, the man believed he and his then wife had a significant amount of money in an investment, and so it was included in their divorce settlement based upon a projected valuation. However, two years later, the investment disintegrated.

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Law Office of Marta J. Papa, P.C.
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