Determining Parent Visitation Outside the Courtroom

/by

In the case of divorcing spouses with a child or children, the children’s best interest should always prevail. That is the stated goal under Florida law, and ideally, the parents work together to develop a plan in the best interest of their children. With a parenting plan, the judge does not have to intervene to impose a plan that may not work for one or both parents; the judge only needs to approve it.

It is far preferable that the parents agree and work out a parenting plan because they know their child better than the court. The parenting plan should address how the former couple divides responsibilities over the children.

Florida Parenting Plans

The parenting plan specifies how responsibilities will be shared, such as healthcare care, extra-curricular activities, vacation decisions, and the visitation and living arrangement.

Any plan agreed upon must be detailed to leave nothing to chance.

Some of the areas of the agreement should include:

  • Which is the primary residence, or does the child live in two homes?
  • Who is the primary decision-maker when it comes to education, vacations, and extra-curricular activities?
  • A time-sharing plan to outline when the child spends time with each parent
  • What religion the child will follow, his diet, medications, and medical care need to be part of the agreement

Primary Residential Parent
There is a lot that separated parents can do to benefit their children. The former spouses should try and maintain a sense of connectedness, no matter how difficult that is. Flexibility and respect might be two goals in maintaining a sense of family union, despite the divorce.

Your parenting plan has determined the primary residential parent – that is – the place where children spend most of their time. Former spouses may have agreed to a time-sharing agreement.

Some things parents can do in the best interest of their children:

Security – Making your child feel loved and wanted should be the goal of both parents, so the child feels secure. That takes some work on the part of the parents. For example, refrain from saying anything bad about the other spouse. Even if you are talking to someone else, your child may be able to hear you, and criticism directed at one parent can undermine a child’s confidence.

Kids Need to Know – That it’s okay to love both parents. Make sure you do not compete with the former spouse regarding money, spending, trips. Do not question your child’s loyalty. Compliment the other spouse and be a cheerleader for their parenting.  Consistency will be necessary, as displayed by both parents toward the child. Be on time for any arrangements.

Be Flexible – Most plans go awry at some time or another. Your child will be less stressed if you are flexible and smoothly switch to a Plan B from time to time. Flexibility doesn’t mean you don’t plan, however. Be sure to keep a routine and a checklist of items that will go with your child when they move to activities or the other home.

Show Respect – Keep the other parent informed if a new babysitter or a new romantic partner is in the mix. Each parent needs to know where the child is during a visitation. Provide that parent with phone numbers and the names of friends. Homework assignments, books, clothing tickets personal effects should be part of the visitation, and it’s the primary parent’s responsibility to ensure the child visits with everything they require.

Mothers and fathers are given equal weight when it comes to child custody; however, the Florida Bar reports that mothers receive primary custody in about 90 percent of divorce cases. However, there are always exceptions, especially if there are neglect, abuse, addiction, or abandonment issues from the past.

Your Florida Family Law Attorney

Most often, divorce is not totally amicable, and Florida divorce law can be complicated. Complications can arise, such as enforcing custody when one of the parents wants to move to another state. Parents can use the children to spy on each other or make them feel guilty about being in the other home. One parent may indulge the children in buying their love.

It is time for both sides to put their children first. In a contested divorce with unresolved child custody issues, Crystal Collins Spencer has decades of experience guiding her clients to the best decision for the former spouse and her children. You do not want to make any mistakes during your divorce because they may be difficult to undo. Additionally, family circumstances may change while the children are still minors, and you may need to modify the parenting plan. 

Reach out to Crystal Collins Spencer at her Pensacola office at 850-795-4910. She also represents divorcing spouses in Sandestin and Fort Walton Beach. 

Sources:

6th Judicial
https://www.jud6.org/ContactInformation/familyLaw/Visitation%20Dos%20and%20Don’ts.pdf

Fl courts
https://www.flcourts.org/content/download/216000/file/Floridas_Dependency_Benchbook_FamilyTimeVisitationProtocols.pdf

Advice for Stay-At-Home Moms During a Divorce

/by

Unfortunately, some marriages become untenable and divorce is the only alternative. This can be a frightening time especially if the woman has decided to be a stay-at-home mom to put quality time into raising the children.

This is when she needs to understand the family finances. How many credit cards does the family have and what are their interest rates? Is debt under control? What are the monthly expenses versus income? Where can one budget and what is your house worth? What is the interest rate and whose name is on the deed?

When facing a divorce, if the stay-at-home mom doesn’t understand the basics of her family’s finances, she needs to learn these things quickly.

Unless she has unlimited funds to tap into, she may have to face going back into the job force. This may not be fair. When she got married, her husband wanted her to give up her career to stay home with the kids.

Finances

You will be facing a new reality and a new budget, but you are also going to receive some assets from the working husband.

Under Florida law, there should be a fair and equitable division of the property. It may not be 50/50. In some cases, property may take the place of cash. If you have made a substantial contribution to the marriage and are not responsible for unreasonable debt, then expect to receive some of the assets of the marriage in exchange for the contribution of taking care of children.

It is vital to have an experienced family law attorney to determine what you are due. Divorce is hard enough. It is not a time to make mistakes that may cost your financial future.  

Become Financially Savvy – Learn everything you can about finances and how much you need every month, preferably down to the last penny.  Determine how much money you gave up in staying home with the kids. Consider the assets that are often overlooked such as retirement funds and a pension that helped pave the way for a secure future. Collect all documents you will need to prepare for divorce. That may include credit cards, your mortgage, car ownership, information on debt, insurance.

Child Support and Alimony – Child support and alimony are the most common forms of compensation going to a stay-at-home mom.  Child support will cover his share of the cost of raising children. Alimony should compensate you for your role as a mom or as rehabilitative alimony so you can receive job training for your future.  Child care will be needed if you are going back to school.

Selling Assets – A harsh reality is that selling the house, your largest asset, may be necessary as the marriage ends.  This is most unfortunate because children need some stability during this tumultuous time, but it may not be practical to keep the home.  Adjustments in this area may not be all bad, however.

If you are keeping the house, make sure you can afford the taxes, and maintenance. Balance the house expense with necessities such as food, transportation, childcare. Another option might be to sell the house and receive your portion of the cash. This allows you to find a more appropriate place to live. Children can have the new adventure of choosing their rooms and meeting new friends. Much of what they perceive will be directed by how you are handling the divorce.

Finding a Job – There are many women online who have figured out how to raise their kids at home and run a business. Look into stay-at-home-mom online businesses that you might be able to get into. Talk to a career coach who is up to date with home-based business opportunities.

Your Experienced Florida Family Law Attorney

Crystal Collins Spencer is a skilled Florida family law attorney who has advocated for many women facing divorce and an uncertain financial future.

If you need representation in Pensacola, Sandestin, or Fort Walton Beach, Crystal will be by your side to advise you on the division of property that protects you and your children during a difficult divorce.  Reach out to our Pensacola office at 850-795-4910 to begin the conversation. 

Is a Personal injury Settlement Part of Marital Property During a Divorce?

/by

It’s one of the first questions someone involved in a personal injury case has when they are divorcing – will the proceeds have to be divided with my divorcing spouse? It’s a good question and there are a number of answers. In short, it all depends.  

Crystal Collins Spencer can answer your questions in a personal or remote consultation. One conversation can make a tremendous difference in the outcome of your divorce, and in the direction that you take to protect your assets.

Divorce in Florida

Florida is an equitable distribution state. That means any division of assets does not have to be equal, but the distribution does have to reflect the degree of contribution to a marriage.

In other words, the nonworking spouse has made a valuable contribution to the marriage in childcare, for example, so that will be considered in lieu of a salary.

The court makes decisions about equitable distribution unless the partners make the decision for themselves.

Marital Property

All assets brought into the marriage are considered to be “marital property,” but there are exceptions. In the case of inherited wealth, directed to one spouse, and deposited in that person’s bank account, that spouse alone would usually receive those assets.

Personal property attained before the marriage and in one name will generally remain that individual’s possession. In the case of a personal injury settlement, the monies can be substantial. 

In the case of a car accident, not only was your car destroyed but you have serious medical bills and rehabilitation ahead. A settlement is reached with the negligent at-fault party and you are awarded $500,000. After paying your attorney you still have substantial amount sitting in your bank account.

Do you have to divide that with your spouse who you are divorcing? Generally, if you are awarded before the divorce decree is final, it could be a marital asset. But there are situations where it must be divided.

Dividing a Personal Injury Award or Settlement

The settlement is usually considered marital property unless it has been itemized and can be divided into past losses versus future compensation. Negotiating itemization may be part of your lawyer’s advocacy on your behalf.

Most settlements are not itemized, but if they are, they may be divided along these lines:

Past Losses – The dollars set aside to pay medical bills out of a joint account or to compensate for lost income in the past may be part of the marital estate.

Future Losses – The amount of the settlement designed to compensate the injured for his/her pain and suffering (a non-economic damage) and his/her future loss in income might not be divided as they are personal property, intended to compensate the victim alone.

Loss of Consortium – The non-injured party may make a successful argument that he or she should be compensated for loss of consortium (companionship) as a result of the accident.  When the non-injured spouse joins the lawsuit and files a claim for loss of consortium, if successful, it would be directed to benefit that individual alone.

Exceptions – Comingling of funds may present an extra layer of difficulty in dividing the settlement. For example, if some medical bills were paid out of the joint account where the settlement was deposited, the non-injured party can claim that she/he should be compensated for paying part of the bills out of the joint account. In some cases, your lawyer may need to trace the settlement money to answer how much of the settlement was used to pay bills and therefore should be reimbursed.

Your Florida Divorce Attorney

There may be a lot of money in question following a personal injury settlement, and dividing assets in a divorce is not always clear cut. Early in the process, you are advised to have an experienced advocate by your side.

Crystal Collins Spencer has spent more than 30 years fighting and advocating for spouses during a divorce. Having aggressive representation may mean you are ultimately awarded more property during your divorce than you would have had you gone it alone.

You only have one chance to make it right. Do not have regrets. Call our Pensacola or Sandestin office at 850-795-4910 to begin the conversation. 

Divorced Parents: Planning for Family Vacations

/by

There are a number of different ways that families are adjusting to the realities of divorce these days.

You may have read about celebrities who decide they will all vacation together – former spouse, their new partner, wife or husband and their new partner and all of the kids combined into one big happy family in a lovely vacation paradise.

If this does not describe your reality, you are not alone.

Especially in the case of newly divorced parents, emotions are still raw, and it is not likely you will all be cohabitating in a luxury spot anytime soon. Any disagreements can lead to even larger battles that you want to avoid for the sake of the kids.

So how does one plan for these events?

Putting the Kids First

What do the kids want to do and are you willing to travel there?

Let’s say it’s Disney World and you and your former spouse are on the same page that you will take them. Are you able to go at the same time and not fight in front of the children?

If not, consider splitting your time – maybe one person takes the first 3 days, the other for the next three days. You can rent one hotel and just split the time. As one vacates, the other parent arrives.

If possible, you can go at the same time. One parent can take the kids to the park while the other has some spa time or takes off to go shopping. You plan ahead to all have dinner together, which the kids probably prefer, sort of like the family they once had.

Schedules Are Important

Keeping everyone on the same page is vital and a schedule is the way to do that. It will be up to both parents to come to an agreement and even mediate before a neutral third-party or the court, if necessary. It’s important then to follow-through on the agreed arrangements.

Your child custody agreement will outline what the parameters of your vacation time can look like. Are you limited with how far you can travel? Can you take the children out-of-state and for how long?

Communication between the parents will minimize any problems. You are probably required to inform the other parent about the whereabouts of the children at all times, including taking them out-of-state. You may have to seek a binding agreement by submitting it to family court.

If you are in the midst of a divorce, the parent who wants to take the child to another state on vacation must do so with the written consent of the other parent to avoid facing contempt of court charges. 

Understand that traveling out-of-state is not the same as a relocation of the child. It is temporary and the child is expected to return.

Time-Sharing Agreement

Time-sharing conflicts often pose some of the most contentious parental conflicts. A time-sharing agreement is required under Florida law as part of the child custody agreement.

In the agreement, both parents must agree to how much time each will spend with the child including vacations, weekends, school holidays, and even overnights. It is in your best interest to coming to some agreement over this between the two sides because your other option is to have the court become involved.

A judge can appoint a parenting coordinator to mediate any disputes the couple cannot.  It is always best to come to your own agreements as the court-imposed agreement might not be agreeable to either of the parties.

Your Florida Family Law Attorney

Crystal Collins Spencer is a dedicated and experienced attorney who focuses on family law matters and all of their ramifications. Understanding and committed, and with 30 years of courtroom experience, she has addressed matters such as alimony and child support, paternity, child custody, and hidden assets.

She will aggressively advocate for you with regards to child custody and parenting agreements and other important family legal matters.

You can reach her to begin the conversation in her Pensacola office at 850-795-4910. We can also arrange a remote consultation due to the COVID-19 pandemic. Despite the court system moving more slowly, we can prepare much of the necessary paperwork to outside of the court to move your case forward.

Should I Stay in the Marital Home During a Divorce?

/by

Besides children and finances, deciding who will reside in the marital home is one of the most common issues during a divorce.

Your home was supposed to be your sanctuary, a place to raise the children and be a family unit. Now that that dream is shattered, you may feel the need to cling even more closely to the idea of “home” but, at the same time, you may not find it wise to take on the financial burden of carrying a home with the cost of utilities, insurance, taxes, and upkeep.

As a marital home is usually the largest asset owned by the couple, it may not always represent an asset. Not only upkeep but a down real estate climate or an upside-down mortgage need to be considered to determine if the home represents an asset or a liability.

So, what are some of the considerations?

Equitable Distribution in a Divorce

Florida is not a community property state where assets acquired during a marriage are owned equally by each spouse regardless of who earned the money. 

Florida considers marital property to be divided under the laws of “Equitable Distribution.”  That means any assets or property acquired during the marriage are to be divided in a fair and equitable manner.

That might include the funds that purchased your marital home.

If you cannot agree, the judge overseeing your divorce will step in to divide the assets as well as the liabilities or debts.

The judge may not always rule in your favor. Flexibility in negotiating with your spouse will be the key here. 

Equitable distribution does take into consideration the assets contributed to the marriage by the spouse who brought in fewer dollars but took care of the children and the value that brings.

The Marital Home

Assuming for the sake of discussion that one spouse wants to remain in the marital home.  It was purchased during the marriage so is considered an asset that must be divided.

On the other hand, if one spouse owned the house before the marriage it may not be considered an asset to be divided.

The decision to stay or not might rest on the level of equity in the property. A home that represents a considerable investment is different scenario from a house that is largely still owned by the bank. 

If there is considerable cash in the house, consider how having that cash might improve your future?  Can you purchase a smaller home that is more than adequate? Can you change neighborhoods or buy a less costly home, a condo, or townhouse and have money in your pocket?

These are all variables that need to be discussed with your experienced Florida divorce attorney who will help you establish a settlement agreement with your best interest in mind.

If the home is a marital asset, the judge may order the home to be sold so the proceeds can be divided. However, if one spouse feels strongly about staying in the home, especially if there are children, the relative value of that decision could result in an award to the other spouse of additional monies or assets making the division more equitable.

The judge also has the option of allowing someone to stay in the home for a specified period of time, after which, both parties agree to sell the home and divide the proceeds.

Keeping the Marital Home

There are other variations to the house situation. In some cases, the marital home may continue to be co-owned for a limited time, say for when the children need to go to a new school or when they graduate. At that time, the house is sold, and the proceeds will be divided according to your divorce settlement. 

In this scenario, one parent may opt to move out making the home more peaceful for those remaining.

This takes a special sort of cooperation between divorcing spouses. The house presumably will appreciate and the children can stay in the same school with the same friends but dividing assets will have to wait.  This arrangement will need to be documented in written form.

Selling the Marital Home

Determine the value of the home before you make any permanent decision. A real estate agent can determine the sales price if marketed today. The other option is to go online and come up with “comps” or comparable homes in the neighborhood.  Average three or so and determine the value of the home.

Selling the home can potentially give you the assets you need to move on. Another option is for one spouse to buy the other’s interest in the home, again providing the opportunity to purchase a more suitable home. 

Discussing Your Options in a Florida Divorce

Flexibility is the key and one must be realistic about the cost of maintaining a family home.  

Crystal Collins Spencer has decades of experience helping a spouse through a difficult divorce even when there are assets that may seem to be out of reach. She is adept at researching financial information to find any assets that may be intentionally hidden to bring the most equitable division to the divorce table. She will be by your side to help create a marital settlement agreement that best suits your particular situation. By doing the math she can help you see the wisdom of creating a new life, either in or without the marital home.

Let her be an assertive advocate for your rights during the difficulty of divorce. Call the Spencer Law Group at her Pensacola, Florida office to schedule a consultation at (850) 795-4910.

Please Note: While the Florida courts have temporarily canceled all but essential proceedings during the coronavirus crisis, we are still working while taking all of the necessary precautions, and we can complete much of the necessary groundwork for your proceeding while we wait for things to return to normal.

Creating a Divorce Plan

/by

Your hopes for a successful marriage are now over. Your marriage is irretrievably broken and it’s time to make a plan for how to go about getting divorced. 

We are sorry that this has happened to you but, making plans will minimize controversy and contention and hopefully create a more peaceful co-existence for both you and your spouse. That is particularly important when there are children involved.

Since Florida is a no-fault state, you do not need “grounds” for divorce.

The divorce plan must consider several factors – just how complicated is your divorce and how much agreement have you reached? Everything you agree to in a divorce plan will save you continued stress from unresolved issues. 

Coming to some agreement through negotiation is the best way to preserve what you consider to be important. Otherwise, you can expect the court to impose an outcome and that can be a wild card.

Understand that everything will change for you and your children. That may include your home, your friends, and your children’s school. You want to make sure that you maintain a certain standard of living and are not forced into a much lower standard. It is a good time to seek counseling to ease the process.

Consider the elements of a divorce:

  • Filing for Divorce – For a Simple Dissolution of Marriage, both parties agree on paper, show up at court before the judge if there are no outstanding issues to resolve. When children are involved, agreement must be reached on their future.
  • Assets and Property – Do you own a business, property, or a house? Have you determined how you will divide your assets? What did each party own before the marriage? What have you acquired since the marriage?
  • Children – The plan should focus on what is in the best interests of the dependent children. Determine who the children will live with or will you split custody? Who is the primary parent to make decision on education, vacations, and medical care?  How will the custodial parent be compensated? Will either parent be able to relocate to another state for any reason with the children?
  • Alimony – If one party is not working, has the other agreed to a support plan? Will there be rehabilitative alimony while that party attends school? Will the stay-at-home parent receive alimony and support for the children?

These are all areas where agreement will be reached either by both parties or, if necessary, by a judge. 

On the other hand, if one of the parties is agreeing in haste to end the marriage, she may not be acting in her own best interest.  This is the time when careful and compassionate counseling from an experienced family law attorney is advised.

Attorney Crystal Spencer will help you explore how best to protect yourself, your assets, and your children when you are facing the difficult decision to divorce.

Filing Divorce Papers

The first paper is a Dissolution of Marriage. It is filed by the petitioner. Under state law, it’s required that at least one of the parties has resided in Florida for a minimum of six months. In a simple Petition for Dissolution, you both agree it is not possible to save the marriage and the wife is not pregnant. You have agreed on dividing assets and liabilities and are both prepared to attend the final hearing.

With children involved, you’re filing will be a Petition for Dissolution of Marriage with Dependent or Minor Children. This paperwork will include your plans on how to divide property, debts, and the issue of alimony.

Disclosing Financials

Under Florida law, expect to have to reveal your financials including assets and debt, credit cards and investments, wages and tax returns.  Any other forms of income must be revealed.

Both marital assets, acquired during the marriage, and non-marital assets, such as an inheritance, gifts, or what the spouse had before the marriage, will be discussed.

The judge will rely on this information to help determine the final financial outcome in your divorce.

Mediation
If you have not come to a divorce agreement, mediation may be ordered. Both divorcing spouses sit down with a neutral third party to attempt to come to an agreement without involving the court.

Your Experienced Florida Family Lawyer

If there has been abuse, hiding of assets, adultery, abandonment in your marriage, or spending down assets recklessly, you can probably assume that coming to an agreeable divorce will be a challenge.

Since any decisions you make now that are not in your favor in the future will be permanent, Crystal Collins Spencer strongly encourages you to let her put her three decades as a family law specialist to work for you.  

Our law firm is committed to excellence and compassionate care of our clients. Let our experience work for you whether you are in Pensacola, Fort Walton Beach, or Sandestin. Let’s begin the conversation at (850) 795-4910.

Bankruptcy and Divorce

/by

Getting divorced but also need to file for bankruptcy? You are not alone. Many former couples find themselves in a situation where they are no longer happy and would like to separate from one another. However, they may need to file for bankruptcy as well because it is the best decision for them based on the amount of debt they have together. If you are not sure how to go about getting through the divorce and bankruptcy process simultaneously, there are some important things you should know.

It Is Possible to File for Bankruptcy as a Couple Before Divorcing

Even if you are ending the marriage because things did not work out between yourself and your spouse, you may still file for bankruptcy together. In fact, it is often better to do so when you have a lot of co-mingled debt (that belongs to both of you) and you are struggling to pay it all back. It is easy to get into debt when you have credit cards and loans that you are struggling to pay off on time, but it is hard to get out of debt because of all the extra charges, including interest payments and late fees. In some cases, it might make sense for you and your spouse can file a petition for bankruptcy together before divorcing. The benefit of filing together is that both people can have their qualifying debts discharged in one proceeding.

You Can Spend Less When Filing with Your Spouse

It is frustrating enough to have a lot of debt, but the situation tends to become more stressful when you realize that you will initially need to pay for the cost of filing for bankruptcy. While there is a fee that you would need to pay, you can end up spending less money on filing costs when you decide to file for bankruptcy with your former spouse. You can share an attorney with your spouse, which can help both parties save even more.

You Can File Separately If Necessary

In some instances, it might make more sense for you to file for bankruptcy separately after the divorce instead of with your spouse before the divorce. If you cannot get along with your spouse and things are getting nasty with the divorce proceedings because your spouse fails to communicate or compromise on anything, you might not feel comfortable with the idea of filing for bankruptcy with them. When situations like this occur, it might be a much better idea to do this on your own, even if it means you will not save as much money as you would when filing together.

Know Which Chapter Is Better When Divorcing

If you are going to file with your spouse, you need to know which chapter would benefit you more. When filing Chapter 7 bankruptcy, you and your spouse may need to sell off certain assets to pay the money back to the creditors – although you can exempt more property when filing together. Assets that may need to be sold could include additional vehicles and real estate properties. If you are liquidating everything because of the divorce, you can get through the bankruptcy process a bit faster, which means you can get on with your divorce sooner as well.

If you file Chapter 13 and make payment arrangements, those arrangements could last for several years. You would need to make sure your spouse is reliable enough to pay his or her fair share of the payments each month. If you do not think you can trust your spouse with something like that, then it is probably better to file for Chapter 13 separately after the divorce is finalized.

Need to Get Divorced Before or After Filing for Bankruptcy? Let Spencer Law Assist You

If you need to get divorced from your spouse but you also need to file for bankruptcy because of all the debt you are in, the best way to handle this will depend heavily on your specific circumstances. At Spencer Law, we can provide skilled guidance with your divorce and related family legal matters, and we can help advise you on how a bankruptcy will fit into the divorce proceeding as well. Give us a call today at 850-912-8080 to schedule a consultation.

Obtaining a Passport for a Child in a Divorced Home

/by

Are you a divorced parent? If you would like to travel outside of the country, you are going to need a passport for yourself and your child. However, you may be concerned about getting a passport for your child because of the other parent. Even if you share joint custody with your ex-partner, there is still a way to get a passport for the child. You will need to know the laws surrounding these types of legal situations before you attempt to obtain a passport because you do not want to waste any time.

Do You Need the Other Parent’s Consent to Get a Passport?

If you have share joint custody with your child, you will need to get that person’s consent to get the passport. In this case, you should talk to the other parent about the situation and your reason for wanting a passport. You might want to take your child on vacation to a beautiful island or you might want to visit family members that currently live outside of the United States. Most parents that split custody of their children are civil enough to provide consent to one another when it comes to obtaining a passport for their child. However, there are times when one parent does not want to cooperate with the other.

If you are the one with sole custody of the child, you do not necessarily need consent from your former partner, even if he or she is trying to stop you from getting the passport. What you would need to do is prove that you are the legal guardian of the child. You could hire an attorney, provide paperwork that proves you are the one with the custody, and then receive the go-ahead to obtain the passport for your child. A non-custodial parent does not have much say over the situation.

When you are unable to locate the other parent, there are special forms that you would need to complete during the application process. You may need to provide copies of certain orders, such as an incarceration order if the other parent is in prison or a protection from abuse order if you had to get a restraining order against the mother or father of your child. A lawyer can help you obtain the right orders.

What Happens When One Parent is Not Cooperative?

While it is a bit easier for parents with sole custody to get a passport for their children when the other parent is not cooperative, it is more challenging for those with joint custody. If the other parent of your child splits custody with you, he or she might object to the passport for any reason. It could be that your ex simply does not want you to have fun or it could be that the parent worries about the safety of the child when traveling outside of the country. In some cases, the other parent may attempt to get a court order that would prevent you from getting the passport for your child. When you have a situation like this to deal with, you need to hire a lawyer. A family law attorney can go over some of your options and help you figure out the best steps to take to resolve this issue. The other parent must also realize that traveling outside of the United States can be a learning experience for the child. It is important for both parents to think of the child in these kinds of situations rather than feuding with one another.

Having Trouble Getting a Passport for Your Child? Hire a Family Law Attorney Right Away

When you need to get a passport for your child because you are looking forward to traveling to a different country, you may need to get consent from the other parent. While this is not a problem for some people, others may have a difficult time getting the other parent to cooperate for one reason or another. If you are having a hard time and you want to get the passport for your child as quickly as you can, contact Spencer Law at 850-912-8080 and schedule your appointment to consult with our legal team. We are experienced family law attorneys, and we are ready to go to work for you!

Raising Children While Going Through a Divorce

/by

Going through a divorce is one of the most stressful situations anyone ever has to go through. The situation becomes even more difficult when you have children, especially young children. Getting divorced later in life, with your children now grown adults with families of their own, might not be as hard on them as it is on you. But things are much different when you are going through a divorce while your children are still young and in your care.

How can you manage child rearing as a divorced parent? Can you still co-parent with your former spouse? Here are some tips for putting your children first after going through a divorce.

Improve Communication

One of the first things you must do in order to be successful in child rearing as divorced parents is to improve your communication with the other parent. Even if it means you need to step up and be the bigger person, make it happen. The communication at all times with your ex must be purposeful, consistent and peaceful. If you make this a habit, you will find that raising your children after divorce will be much easier than one might expect.

Make Visitation and Transition Time Easy

Do everything in your power to make visitation and transition time easy on yourself, your former spouse and your child. A child can struggle with the move to a new home every couple of days or even one weekend per month. You will not be able to avoid transition time. Be sure to help your child as much as possible by doing the following:

  • Help your child prepare for the change in location
  • Pack in advance of the transition
  • Drop the child off instead of picking them up
  • Schedule downtime for when the child arrives
  • Keep the basics at each house for the child to avoid double packing
  • Allow your child to have some space
  • Create a routine special to you and your child

Foster Engagement

Make an effort to foster engagement as much as possible with your child. This can be getting them engaged with activities outside the home and with other adults in the family. The more you foster engagement, the better off your child will be as you raise him or her as divorced parents. Doing this moves the focus from the love lives of the divorced parents to something the child can enjoy without worry.

Take Care of Yourself

This might seem like an obvious statement, but you must take care of yourself after going through a divorce. Why? If you are unable to recuperate emotionally from the divorce, it will show when you are around your child. It might also prevent them from moving on with their life. You need to make it a priority when it comes to taking care of yourself. This doesn’t mean you have to ignore your child or their emotional needs. You just have to be aware of your own mental and emotional health in order to help your child heal from the divorce.

Provide a United Front

One of the worst things you can do when child rearing as divorced parents is fight with each other all the time about how you are going to discipline your child or handle other issues. You need to provide a united front for your child. Even if the two of you don’t get along, you must unite on the following issues:

  • Similar rules
  • Similar disciplinary actions
  • Consistency in the child’s schedule

A united front also comes into play when it comes time to make decisions about your child’s life. Both of you should have a say in the medical care, financial upbringing, and education of your child. One parent should not decide where the child is going to attend school or how medical treatment will be handled. You both need to find a common ground.

Speak to an Experienced Family Law Attorney Today

Have you decided that you can no longer stay married to your spouse? Have you gone through mediation? Did you attend therapy? If so, it’s time to speak to an experienced and trusted family law attorney in Pensacola, Florida. With offices in Pensacola, Sandestin and Fort Walton Beach; the team from the Spencer Law Group, PA can help you understand what it takes to file for divorce. Call our office in Pensacola at 850-912-8080 to schedule a consultation.