For those considering taking the next step, here are a few tips, courtesy of family law attorney, Arielle Capuano, with Levinson & Capuano, LLC, to help protect your children as you enter into the divorce process.

1. Keep Things Stable at Home. Establish routines and schedules for homework, meals, bedtime, and chores. Exposure to supportive family members and friends will help the children maintain a sense of normalcy and unity.

2. Put your Children’s Needs First. Make sure that the basic and emotional needs of your children are met. Use the love you have for your children to counterbalance any disrespect, anger, or distrust you may feel toward your spouse.

3. …But Don’t Neglect your Own Needs. You can’t be there for your children if you’re sick, so make sure to stay physically and emotionally healthy. Get support from family, friends, or a therapist.

4. Work Hard at Communicating. Whether by phone, text, or e-mail, communicate and coordinate regularly about the children and maintain a unified front whenever possible. Don’t put the children in the middle or use them as a vehicle for communication.

5. Stay Informed. Know where your children are at all times. Learn about their friends, teachers, doctors, and favorite things. By staying informed, you can better protect your children from the dangers of abuse, neglect, substance abuse, and other damaging circumstances.

6. Have Family Talks. Consider teaming up with your spouse to tell your children about the divorce and upcoming changes. Plan this discussion ahead of time. Research how the developmental stages of your children affect the way they cope. Seek the advice and counsel of a licensed therapist when necessary or helpful.

7. Keep your Kids Busy. Involve your children in sports and activities they enjoy. If possible, both parents should attend practices, games, recitals and other events together to show support and solidarity. Make sure your kids complete their homework assignments, read recreationally, and maintain active social lives with their friends.

8. Prepare for the Road Ahead. Throughout the divorce process, the decisions you make and the things you say can greatly impact your children and your relationship with them going forward. Despite how you may feel now, you will be co-parenting with your spouse until your children are grown. Before making any major decisions, you may want to contact a family law attorney who can provide you with clear advice and real answers to the tough questions. For more information and related reading materials, contact Arielle@BrowardLegal.com or (954) 703-2110.

This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or other major decisions. If you have specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

This article was published in a prior issue of the Sports and Activities Directory.

Originally Published Mar 07, 2011 –

WHAT IS A PARENTING PLAN?

A Parenting Plan is a legally binding agreement made between parents, and ratified by the court, setting forth the terms and conditions of co-parenting. The Parenting Plan addresses timesharing (custody) issues, decision making (responsibility) issues, logistics, and all other matters affecting the children.

WHEN WOULD A PARENTING PLAN BE USED?

When a couple with children divorces or a non-married couple with children separates, a parenting plan is prepared to guide the parents and better enable them to co-parent, though they are no longer, or never have been, a couple.

A BRIEF HISTORY

Parenting Plans are a relatively new concept in Florida. In the past, child sharing arrangements were known as “custody” and “visitation.” Those terms have now been eliminated and replaced with “parental responsibility” and “time sharing,” respectively. This recent change in legislation was a result of excess litigation and fighting over who was the “primary parent” and who was just a “visitor.” These new terms are intended to increase cooperation between the parents and enables them to co-parent effectively long after the final judgment.

THE SUBSTANCE OF A PARENTING PLAN

A Parenting Plan addresses two major issues: Time Sharing (custody) and Decision Making (Responsibility). The Parenting Plan describes, in great detail, where and how the children will be spending their time. It addresses each child’s daily schedule, holiday time sharing, vacation time sharing, as well as all of the communication and logistical concerns associated with the Time Sharing. The Parenting Plan also delineates whether the parents will make major decisions affecting the children together, or whether one parent is better equipped, depending on the individual circumstances, to make the decisions solely. A strong parenting plan reduces and helps to eliminate future litigation concerning time sharing and decision making issues concerning the minor children.

PARENTING PLANS IN PATERNITY CASES

A parenting plan in a paternity case (for children born out of wedlock) works the same way as a parenting plan in a divorce. While the parents no longer, or never even had, a personal relationship with each other, they still have a parenting relationship for the benefit of the child. It is especially important that an appropriate parenting plan be drafted so that the parties can seamlessly co-parent, such that the child never feels unwanted, unheard, or in the middle.

DRAFTING A PARENTING PLAN

At Levinson & Capuano, LLC, http://www.browardlegal.com , we believe it is always best for the parents to negotiate a Parenting Plan, through their attorneys, that suits the individual family’s needs most appropriately. However, if after negotiations, an agreement still cannot be reached, the court will impose a Parenting Plan, considering evidence presented by each side and the best interests of the child.

For more information about parenting plans and other family law matters, please call an attorney with Levinson & Capuano, LLC at (954)703-2110.

This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

Levinson & Capuano, LLC, is a Fort Lauderdale, FL based boutique Divorce and Family Law Firm. Levinson & Capuano, LLC serves clients in Broward County, Miami-Dade County, Palm Beach County, and other surrounding areas.

Originally Published Mar 07, 2011 –

In today’s economy, there is no job security. But what do you do when you lose your job or take a substantial pay cut, and still have a child support obligation?

1) DO: Consult an Attorney

Each case is unique, and a competent family law attorney should be able to give you a better understanding of your legal options and next steps. Many attorneys offer free initial consultations, which can give you an idea of the cost of the modification as compared to the benefits you will receive from it.

2) DON’T: Do Nothing

The worst thing you can do in this situation is ignore the problem. Each time you do not make a court-ordered child support payment, you are in violation of a court order. You can be found in contempt, and even incarcerated, if the judge finds you have the ability to pay and willfully fail to pay. Each payment you miss (or do not pay in full) gets added together and creates “arrears,” which are child support debts that you are ultimately responsible for paying. While some judges understand financial problems, there are specific procedures that must be followed to change your support obligations.

3) DO: File for a Modification of Child Support

If you have lost your job, or have experienced a substantial change in circumstances, you may benefit from filing for a Modification of Child Support. Depending on your unique situation, you may be entitled to a reduction or even abatement of child support.

4) DON’T: Give up on Seeking Employment

If you have lost your job, it is important to show the court that you are trying to become gainfully employed again. Judges hate to see parents with obligations willfully unemployed. It is important to assess your skills and attempt to become employed as soon as possible.

5) DO: Take your Child Support Obligation Seriously

Your child support obligation is arguably the most important financial obligation you have. If the judge finds that you willfully fail to pay child support when you have the ability to pay, you can be found in contempt of court, assessed fines and fees, and even put in jail.

6) DO: Act Now

The sooner you file for a modification, the sooner you can be granted relief. If you have experienced a substantial change in circumstances, such as the loss of your job, or a significant reduction in salary, you should contact a licensed attorney in your state today to assess your legal options and next steps.

For more information about child support and other family law matters, please call an attorney with Levinson & Capuano, LLC at (954)703-2110.

This Legal Guide is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.

Levinson & Capuano, LLC, is a Fort Lauderdale, FL based boutique Divorce and Family Law Firm. Levinson & Capuano, LLC serves clients in Broward County, Miami-Dade County, Palm Beach County, and other surrounding areas.