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Tips for Successful Co-Parenting
A couple plays with a small child by swinging them by the handsA main concern for divorced or separated parents is creating a co-parenting schedule that works year 'round, through school schedules, breaks in the school year, special events, holidays, birthdays, vacations, and more. A good co-parenting schedule can alleviate the stress and tension of navigating schedules with careful planning and organizing, as well as some compromise along the way. If you need help creating a co-parenting schedule that works for you and your child's other parent as well as your children, our network of dedicated, experienced family law attorneys can help you prepare for meetings to create a co-parenting schedule that protects your rights, outlines responsibilities of all involved, and helps you plan and organize a co-parenting plan. Learn more about all the benefits of becoming a member of our Legal Protection Plans for Individuals and Families, and read on for some tips for creating a co-parenting plan that will work for you.
Communication Is Key
Working together with your child's other parent will be crucial to creating a co-parenting plan that works for everyone. Start the discussions about co-parenting early in the process, making lists of important yearly dates for each of you, vacation times if you know them, how to handle school breaks, and more. Consider creating a shared calendar where events and other important happenings can be noted, as well as any other important scheduling (such as school drop off and pick up).
Respect & Compassion
Agreeing not to speak poorly of the other parent and show respect - especially in front of your children - is extremely important to co-parenting your child. Be willing to compromise, show compassion, and be understanding when things don't go as planned. Every decision you make around your child will impact them.
Be Willing To Revisit The Co-Parenting Plan
Situations change and kids grow up, and, as those things happen - and they will! - be willing to come back to the negotiating table and make changes to the co-parenting plan that will make everyone's lives easier. Be willing to adapt to your child's changing schedules, extra curricular activities, interests, and hobbies, as well.
Calendars Are Important Tools
Technology allows us to now have digital calendars that can be shared and edited by anyone in the group, and these are a great way to keep everyone in the loop regarding plans. Making a hard copy to keep in each home isn't a bad idea, either, particularly if you or your family isn't tech savvy.
Agree On House Rules
Children need consistency, and one of the most important areas where things need to be consistent is house rules. These rules can run the gamut from when it is appropriate to watch TV or browse the Internet, time limits on video games and related activities, how and when homework needs to be done, and more. Being lenient with the rules can cause stress in the children and be problematic in both households, as one parent may be seen as "more strict" than the other if the rules aren't enforced consistently in both homes.
Big Picture
In the end, the most important thing is to make your time with your children as stress-free as possible so that you can make treasured memories with your children while you're together instead of focusing on annoyances, slights, or irritations from the other parent, which only causes resentment and isn't productive. Try to make your time with your child about spending time with them first and foremost; the time goes by too quickly!
If you need advice or assistance with creating a co-parenting plan, custody issues, visitation, or child support, the family law attorneys in our network of law firms across the US and Canada can help! Getting advice from a legal professional whenever you're dealing with issues surrounding your children is of the utmost importance, and you can get advice tailored to your specific situation for no additional fee when you become a member of our Legal protection Plans for Individuals & Families.
When You Need To Change A Custody Order
A man with his head in his hands sits on a bench in the foreground while a woman walks awayIt is always possible to change a custody order, and it may be in your best interests to work with a family law attorney to help you with the process. Several factors go in to determining how difficult a change to a custody order can be, including how cooperative the other parent will be. There are simple cases where all that is needed is to be able to come to an agreement with the other parent, having your attorney prepare a petition for the court to modify custody, and having a judge sign the court order. Other times, parents may need to complete additional steps, including the possibility of mediation or a court hearing. Having an attorney on your side can help, including convincing a judge of an urgent situation that makes changing the custody order imperative. Members of our legal subscription plans for individuals and families have access to dedicated, qualified family law attorneys who can advise you and guide you through the process for just one low, monthly fee. Plus, you can speak to your provider law firm on an unlimited number of legal issues without ever paying more. Here is some more information on common issues in changing a custody order.
Reasons A Custody Order Might Get Changed
A judge may make a change to a child custody agreement for a few reasons:
The current arrangement is difficult for one or both parents
A parent's work schedule has changed
A parent is moving to another state
The existing agreement is no longer in the child's best interests
The current order does not provide for quality time with one parent and/or provide for proper supervision
The child is struggling in school
The environment the child is living in has become unsafe, unclean, or is otherwise an unfit environment for the child
The child's school schedule or extra curricular schedule has changed significantly
One parent is deliberately blocking the other parent from court-ordered parenting time
One parent has significant medical, physical, or mental health challenges
One or both parents are having difficulty following the current parenting plan or one parent is not following the plan for visitation and/or custody
Things that contribute to the child's well-being - such as visitation, child support, or other items - need modifications
The court may agree and grant a new order, but there are cases where the other parent will need to agree to the new arrangements.
When Can I Request A Custody Modification?
Though it varies from state to state, there usually needs to have been some kind of substantial change in circumstances and that it is in the best interest of the child or children to review and modify the custody order. If you feel that your child is in danger, you should seek the advice of an experienced family law attorney to seek a change in the parenting plan, as it may require filing a motion with the court and a hearing.
What Constitutes A "Material or Significant Change In Circumstances"?
Generally, a significant change in circumstances means changes that:
Have occurred since the parenting plan was put in place
Contributed negatively on the child's health, school, or other factors
Caused significant impact on the child's day-to-day life
Will benefit the child if the plan is altered
Documentation of the circumstances will usually be required. An attorney can help you understand the requirements in your state.
What If Both Parents Can Reach An Agreement?
When both parents agree on a change to the parenting plan, the court will usually approve the change if it benefits the child or children. If you can reach a satisfactory agreement with the other parent, make your plan official with a modified court order:
Write down the details of your new plan
Have your attorney review the plan to make sure it meets your state's requirements
Have your lawyer draw up documents
Both parents must approve the final plan
File paperwork with the court and set a hearing if needed
Prepare for the hearing if you need one
Have the judge sign the new order and file it
If you and the other parent are not able to reach an agreement, one option is mediation. An agreement reached in mediation will probably require a hearing; an attorney can help you understand your rights and what steps you need to take.
When Parents Cannot Agree
If there have been substantial changes in circumstances and you need a modification of your custody order, but the other parent doesn't agree ot rejects your proposal, you may need to collect documentation of the change in circumstances and file it with the court in order to make the changes. Laws vary from state to state, but you may be required to meet with a mediator to try to reach an agreement with the other parent. If the case ends up in court, you may need the following:
Documentation or evidence of the changes in circumstances
Proof of negative impacts on the child or children
Your proposed plan for custody modification
Your attorney will be able to help you identify types and kids of evidence that will be needed in court to build an argument for modification. This may include documents or witnesses to the effects of the change in circumstances. Evidence may include:
Photographs or video illustrating your concerns
Report cards
Disciplinary records from your child's school
Testimony from doctors, teachers, therapists or other third parties
Our legal subscription plan members have access to experienced family law attorneys to help address legal concerns regarding child custody orders, including giving you advice on what documentation to collect and how to navigate the system in your state. Your lawyer will be able to explain your options based on your unique situation and you can call your attorney on an unlimited number of legal matters. Learn more about all the benefits of being a member of our legal subscription plans for individuals and families or sign up today!
Child Custody - Seven Things You Should Know
A couple discusses paperwork at a desk.When relationships end, there can be difficulties, and those issues can be harder when children are involved. Most people have questions about child custody in these cases, and, as a member of our legal subscription plans, you'll be able to ask all your child custody questions to a qualified, experienced, family law attorney at no additional cost. But here is a general overview of things you'll want to keep in mind:
Married Couples Maintain Equal Parenting Rights
Unless otherwise ordered by a court, parental rights over children are maintained. Many parents separate before filing for divorce, and either parent can file with the court to be named the custodial parent, and the other parent would receive non-custodial visitation. It is important to put the needs of the children as the number one priority, regardless of other grievances.
The Court Is Concerned With The Child's Best Interests
The court will evaluate several factors when deciding which parent should get custody, including the wishes of the parents, which parent can provide the safest and most stable environment for the children, and, in some cases, if the children are old enough, the wishes of the children, but this varies from court to court. Today, more modern practices are often applied to custody cases. It used to be assumed that children under the age of four should be with their mothers, but more modern thinking has led to joint custody being the standard arrangement.
There Is A Difference Between Physical and Legal Custody
Physical custody is defined as which parent the child lives with and deals with the day-to-day needs of the child while the other parent has visitation rights. Legal custody refers to an arrangement of which parent makes the major decisions about a child's life; today, this is typically a joint custody arrangement. Legal custody has no bearing on physical custody.
Non-Custodial Parents Are Usually Granted Visitation Rights
Most child custody cases grant the non-custodial parent the right to visitation with the child or children, and this can take many forms, and is usually negotiated by the courts between the parents if the parents cannot make a visitation and custody plan themselves for some reason. There are rare circumstances where a court will prohibit the non-custodial parent from having visitation, and those rare occasions usually involve cases of emotional or physical abuse, or some living situation that makes it an unfit environment for the child. Some visitation rights in these cases are restricted, such as rules that visitation must take place with witnesses or at a certain, agreed-upon location or for a certain, agreed-upon amount of time.
Courts Are Giving More Consideration to Father's Rights
Father's rights have been somewhat contentious, as, in the past, it was assumed that the mothers were primary caregivers and fathers have felt dismissed when it comes to the topic of child custody. As society has changed, the courts have adopted more modern thinking, and courts are giving more consideration to maintaining a father's presence in children’s lives. If you feel that your rights as a father have been violated, talk to your attorney who may be able to give you advice on your specific child custody issue.
Parenting Plans Make Custody and Visitation Simple
Parenting plans are agreements that are negotiated by the parents that lay out custody, visitation, holiday schedules, and more. A parenting plan can be submitted to the court ahead of a custody decision. If the court approves the plan, it is incorporated into the custody order.
Remarriage and Blended Families
New family dynamics can take some figuring out and getting used to, and managing emotions is as important as the legal aspects involved. Once families transition into a new dynamic, custody agreements sometimes need to change, as well. While getting remarried doesn't necessarily mean that you'll need to change your custody arrangement, there are situations where it is needed, such as if the new family needs to move to another state or jurisdiction for work. Having an experienced child custody attorney on your side to discuss these changes might ease these transitions, so you can go into a renegotiation of custody agreements prepared.
Child custody issues are never easy, but having a lawyer well versed in child custody and family law when you are negotiating custody, visitation, or trying to get a new custody arrangement will put your mind at ease. You can ask unlimited questions pertaining to child custody, visitation, and more at no additional cost when you're a member of our legal subscription plans. Learn more about this essential benefit today, or sign up now!
What Happens To Your Child When You Don't Have A Will
A couple looks at paperworkIf you die without a Will, you are considered "intestate," meaning that the laws of your state will make a Will for you, including who will care for your minor children and your assets that they will inherit when they become adults. It is a difficult thing to think about your child's life without you if something should happen to you, which is why planning for them is difficult. Your child will benefit from your careful planning for their future. Having a Will in place gives you a say regarding the care of your child and what they will inherit if something should happen to you.
When a person passes away, a Will answers final questions regarding assets, but a Will's sole purpose is not deciding what happens to your house, cars, bank accounts, and other assets. One of the most important reasons to have a Will if you have minor children is selecting who will care for those children in the event you become incapacitated or pass away suddenly. If you do not have a Will in place, you have no say in this very important decision, as it will be left to the court to decide many issues pertaining to your minor children, including:
Who Will Care For Your Minor Children?
The decision of who will care for your minor children if you and your spouse are incapacitated or pass away will be left to your state's court system if you do not have a legally enforceable Will in place. If there is another surviving biological parent, that person will likely be designated by the courts to assume full custody of the child. If that person is no longer alive or is unable to assume custody for some other reason, the court will probably choose a biological relative of the child to assume custody.
What Is In The Best Interests of the Child?
The court, depending on your state's laws, will usually consider the child's best interests when deciding custody or guardian matters. If the court deems the other parent "unfit," the court could name a third party as guardian. In these circumstances, a Will is the only way to state your wishes, but a Will usually does not change the other parent's rights. If the child is reaching an age that is close to adulthood, the court may ask the child's preferences and take those into account. The age at which a child's preferences are considered varies state to state.
Who Will Manage Your Minor Child's Finances?
A conservator can be appointed by the court to manage finances and assets for a minor child until the child turns 18, or the age of majority in the state of residence. After that, the conservator's role is terminated. Typically, the person selected as guardian is also appointed as conservator, but there are cases where these roles are held by two or more people. You can make this decision yourself in your Will if you have chosen someone - or a financial institution - to be your minor child's conservator, and it differs from the guardian. If you want your child to continue to wait to have funds or limited access to the funds after turning 18, you can set up a trust in your Will, specifying at what age your child will gain access to the trust.
Consult With An Attorney Today To Get Your Will Started
Preparing a Will may seem complicated, but we have made the process as easy as possible on you. As a member of our legal subscription plans, you will have access to an experienced, dedicated law firm in your state who can guide you through each step of the process. You'll start by answering a few simple questions on our app and your law firm will contact you with any additional questions or documentation that is needed.
With our legal subscription plans, you can get started on your Will today with the help of an experienced, dedicated attorney who can help you draft your Will and ensure that it is legally enforceable in your state. And if you ever need to make changes as your life changes, you will always be able to do so as long as you're a member. We make the process of drafting and filing your Will simple and streamlined so you can have this important document ready if it is ever needed.
Learn more about this essential benefit of your legal subscription plan or sign up today!
August is National "Make a Will" Month - Create Yours Now!
A couple looks at paperworkTo make your estate planning process easier, we're running a special that lets you create your will with a dedicated, experienced estate planning attorney for just $299.40! Most law offices charge thousands of dollars for just this service, but you can not only get your estate planning done for one low fee, you will also get a year's worth of service from our individuals and families legal subscription plan! You will have the peace of mind of knowing that your will is complete, legal, and ready with the help of our network of attorneys as well as being able to have your attorney look over other documents, help you with consumer finance issues, settle disputes, and much more! Take a look at the list of services available to our individuals and families legal plan subscribers at this link.
Summer is a great time to cross items off your "to-do" list, and, while making out your will might seem like more of a chore than a fun summer activity, creating your will doesn't have to be complicated, difficult, or expensive, and, no matter where you are in your estate planning, there are things you can do right now to save you time and money, and to spare legal hassles for your loved ones in the future.
Organize your thoughts and create a draft of your wishes
It isn't just wealthy, elderly persons with mansions who need a will; age and income are irrelevant when it comes to who needs to have a will. Your will doesn't need to be a lengthy, intimidating legal document. If you own assets or have children, a will is one of the most important documents you need to have. Make a list of your assets - such as bank accounts, houses, vehicles, even pets - and to whom you'd like them to go. Start thinking about trustworthy individuals you can appoint to important roles in your will. Thinking about financial and health care powers of attorney and to whom you would want to make those decisions on your behalf is a good idea at this phase, too.
Have Contingency Plans
As you select important roles for loved ones carrying out your final wishes - such executor of your will, who has your power of attorney, who will have custody of your children, if you have any - think about second and third options in the event that something happens to your first choices down the road. These aren't fun things to think about, but taking care of them now will make a stressful situation less complicated in the future.
When you become a subscriber to our legal subscription plans, drafting your will is easy, and you know that it will be enforceable in your state of residence, as you will get to work with attorneys who know how estate law is applied in your state. Since laws governing wills, estates, and probate vary from state to state, it is invaluable to have a legal professional in your corner when drafting your will.
From our app, sign in and click "Start Will." Fill out the short questionnaire and an attorney in your area will get in touch to go over your answers. From there, your attorney will prepare your will for your review in as little as five business days. You will have the opportunity to make changes and finalize the document. Once filed, keep your copy in a safe, secure, accessible place. Your will also comes with a Living Will (also known as a healthcare directive) and Financial Directive (durable power of attorney) to put your mind at ease.
As your life changes, you may need to update your will, such as if you have children, get married, get divorced, buy a house, and more. Continuing to stay on as a legal plan subscriber gives you access to update your will whenever you need to at no additional charge. Learn more about our estate planning services here or you can sign up today!
Have An Attorney Draft Your Will At No Cost
Close up of gavel with judge signing papers in the backgroundThe overwhelming and complicated nature of wills is why a majority of Americans don't have a will, among the most important legal documents in the average American's lifetime. In fact, most Americans fail to make out a will before passing away.
Making a will can seem like a daunting task, but passing away without a will leaves you and your family without any control of where assets go or who will care for your children, leaving those decisions solely up to the court system.
The good news is, our individuals and families legal subscription plan comes complete with estate planning at no additional charge. That's right: sign up for an individuals & families legal subscription plan and you will be able to have your will created by experienced estate planning attorneys at no additional cost to you.
Having an attorney walk you through creating your will and other estate planning will help make sure that your will is complete, accurate, enforceable, and legal in your state. Your attorney will be able to help you make decisions you know need to be made and probably help you address issues you hadn't thought of yet.
Some issues to consider while drafting your will with your attorney:
Who will receive your assets? Your house, money, cars, and other belongings?
Who will be the Executor or Representative for your will?
This person will need to know where your estate documents - including your will - are located in the event of your passing, and will make sure that your wishes are carried out, so this needs to be someone you trust.
If you have minor children, who will be the appointed guardian?
Without a will, the courts of your state will decide who will be the guardian of your minor children, so this is definitely one of the most important aspects of your will. Your will needs to be as specific as possible when it comes to scenarios that can happen over time, such as, what happens if your chosen guardians get divorced, pass away, move to another state, etc?
Make sure that the names of anyone in your will and their relationships to you are spelled out in your will. Be specific with names: instead of saying "my wife" or "my husband," use their full legal names and double check the spelling.
Finally, making sure that your will is enforceable means that it must meet the legal requirements for a will in your state. Each state has its own laws that govern the requirements that wills must meet. Knowing what those requirements are and how to meet them is much easier with the help of an experienced estate planning attorney.
As a member of our legal subscription plans, starting your will is easy.
From the app, tap the "Start Will or Other Document" tile and fill out the short questionnaire about your marital status, your assets, and final wishes. When you are finished, tap "Submit to Provider" and the answers will be sent to your provider attorney to start drafting your will. Your attorney will call you and review your answers and ask any additional questions to complete your will. Within two weeks, you will receive your finished will. From there, make sure to follow your attorney's instructions to have your will properly executed. And, if you ever have further questions or need assistance, your attorney is only a phone call away.
Don't wait until it's too late to have these important documents finalized. Sign up today to get your free will drafted by experienced lawyers! With our legal subscription plan, you will be able to have a lawyer assist you with your estate planning or any other personal legal matter for just one low, monthly fee.