Alimony may be awarded to a spouse if that spouse is not guilty of desertion or adultery. When deciding alimony, the judge will look into marital conduct, participation each party had to the marital estate; the length of the marriage; the future financial resources of each party; the age and health of each party; the future earning potential of each spouse; the net worth of each party"s separate property; the standard of living sustained during the marriage; and rehabilitative time one spouse may need to gain employment. Alimony in Muscogee County, Georgia is either "rehabilitative" or "permanent". Alimony is money for support awarded to a spouse by the other party. Alimony may be for a short or long time. Usually alimony is given by the judge only when a long term marriage is dissolved. The other party should be able to pay alimony if the judge is to grant alimony to the other party. Alimony may also be given short-term before a final divorce decree is given. Alimony, also known as ?spousal support" or "maintenance," is designed to help a lower-earning spouse make it through the divorce and to start a new single life. Depending on the length of the marriage and the degree to which one spouse was financially dependent on the other, support can last for a long time.
Columbus GA divorce lawyer & Georgia child custody attorney
Sunday, November 28, 2010
Thursday, November 18, 2010
Kane and DuPage Divorce: Parental Alienation
I correspond with Dr. Amy Baker on the subject of Parental Alienation, and consider her research and work in this area the most cutting edge available. Dr. Baker is a nationally recognized expert in parent child relationships, especially children of divorce, parental alienation syndrome, and emotional abuse of children.
Dr. Amy J.L. Baker speaks about PAS from Amy Baker on Vimeo.
Kane and DuPage County Divorce: Joint Custody
There are a number of states that have adopted presumptive joint custody, or in other words, these states presume in a divorce that absent other evidence, the court should find that joint legal and shared physical custody is in the child's best interest. Illinois is not one of these states, unfortunately. Recently, the Illinois Legislature's appointed Family Law Committee has been exploring a number of changes to Illinois' Marriage and Dissolution of Marriage Act. Is presumptive joint physical custody coming to Illinois? Is Illinois emerging from the Dark Ages of custody law? It does not look like it.
The word from colleagues is that the adoption of presumptive joint custody in Illinois is not going to occur. The reasons for this failure are not due to the efforts of many good lawyers to seek progressive changes to Illinois law. There are some lawyers, however, for whom positive change for families and children is not a good thing. Unfortunately, progressive changes do not look like they are on the horizon in Illinois.
I have consistently advocated for joint legal and physical custody. Of course, there are exceptions; for example, I just completed a trial where my client was properly awarded sole legal and primary physical custody. Yet, as a general proposition, good, competent, loving parents, both Mother and Father, should share the parenting of their children after divorce. The psychological studies reveal that presumptive joint custody is in the best interest of the children and the parents.
"By presuming joint custody as early as possible in the court process, parties are impelled to attend to the child's needs, thereby encouraging mature behavior and discouraging divisive, childish conflict. Shared parenting with mutual responsibility -- joint custody -- is in the best interest of the child, parents, society, and the court system. Those courts can assist the parents in settling their own disagreements by providing a context for negotiation and helping to mold specific child-centered joint custody agreements." Potash, Marlin S., Ph.D. : Psychological Support for a Rebuttable Presumption of Joint Custody : Probate Law Journal, Vol. 4, 17, 1982
Illinois Domestic Violence Act
The Illinois Domestic Violence Act is an important part of family law. The Act is designed to provide abused family members and their children with an expedited and safe means to obtain necessary legal protection from continued abuse or harassment.
My first work in the law was as a domestic violence prosecutor, and I appreciated how the law strove to provide protection for abused parents and their children, and criminal sanctions for the abusers.
In divorce and custody practice in Illinois, however, I have all too often seen the IDVA misused as a "sword" to undercut another parent in a custody case, rather than as a proper "shield" against abuse. In the space of one week , I helped a deserving parent obtain emergency relief and a change of custody, and thereby protect young children from a chaotic, abusive environment, and then, within about a day's time, on behalf of my client I successfully blocked an opposing party from litigating an EOP based on false, fabricated claims. Two IDVA cases, with two very different applications.
An article from 2008's Illinois Bar Journal discusses this phenomenon of improper use of the Illinois Domestic Violence Act in high conflict divorce and custody cases. The article presumes that the wronged party is a husband, and many times this is true, but I can say from my experience that false allegations of abuse in high conflict custody cases know no gender:
Orders of Protection, available at any courthouse, are easy to file, and rarely require any fees. The DVA permits non-attorney domestic-abuse advocates to sit at counsel table and give confidential and privileged advice to the petitioner.
It's also much easier to get an OP, and once granted along with exclusive possession of the home, the law clearly favors the wife maintaining child custody and the home unless the husband is able to present a preponderance of evidence that the custody arrangement is a hardship to HIM. The divorce act gives no such preferential presumption.
Accusations of abuse and demands for an OP are extremely useful in denying child custody to the respondent. The DVA includes "a rebuttable presumption that awarding physical care to respondent would NOT be in the minor child's best interest."
The DVA requires that a petition for an OP be expedited, and judges typically allot only 15 or 20 minutes to each case, which is not enough time to hear all the relevant evidence. Resolving a custody decision in a divorce proceeding usually requires many months.
The Illinois Bar article concludes: "If a parent is willing to abuse the system, it is unlikely the trial court could discover (her) improper motives in an Order of Protection hearing."
The Domestic Violence Act is an excellent and proper vehicle to provide safety and security for victims of abuse. When the Act is used as a sword against a fit and good parent in a custody case, no court sanction against the maker of the false allegations is strong enough.
Jon Gosselin update: 'Jon and Kate Plus 8' star, Kate Gosselin settle on custody of kids
Jon Gosselin -- Getty Images So many reports -- many filled with speculation have been in the media ever since the reality stars divorced. The former stars of Jon and Kate Plus 8, Jon Gosselin and Kate Gosselin have finally reached a settlement where their children are concerned -- specifically, custody of their eight kids. According to a report by FoxNews, media outlet TMZ was the first to state that the former married couple...
Kane and DuPage County Joint Custody
I have written previously about joint custody, and what this term means in the context of Illinois custody litigation. If one thing is clear, it is certain that many lawyers, parents, and even some judges do not have a clear view of what Illinois Joint Custody entails.
Put simply, joint custody awards require the parents to make major decisions about the children together. In the event of a dispute, a means for solving the dispute is implemented. And, the joint custody order should call for periodic review, so that as the children age, their needs can be met with flexible mutually agreed changes, such as parenting schedule changes.
One aspect of joint custody that I feel is not often considered is the requirement that joint custody be ordered when a risk of alienation of the non-custodial parent is a risk. Some judges feel, following In re Marriage of Marcello, that they cannot order joint custody if the parents do not get along, and there is a breakdown of communication. What I have observed in many cases is that the primary caregiver parent, who many times may be the temporary custodial parent, simply becomes difficult, argumentative, or at worst, alienating, with the hope that the non-custodial parent is cut out of the decision making for the children.
In my opinion, an award of joint custody can be a reward for two parents who cooperate well with each other. At the same time, a requirement of joint custody may be one tool the court can implement to require a custodial parent to involve, and share information with, the non-custodial (usually Dad) parent.
Using the father as the noncustodial example in this case, ensuring that Dad has joint custody, and requiring Mom to communicate and decision make with him, meets the test that Seitzinger and other Illinois cases have established regarding joint custody: it's for the best interests of the kids, and not reserved only for parents that get along. Indeed, the parent that wishes to push Dad away should be required by the judgment to joint parent.
Kids need both loving parents in their lives; mandated joint custody is one way to accomplish this.
Wednesday, November 17, 2010
Kane and DuPage County Joint Custody
I have written previously about joint custody, and what this term means in the context of Illinois custody litigation. If one thing is clear, it is certain that many lawyers, parents, and even some judges do not have a clear view of what Illinois Joint Custody entails.
Put simply, joint custody awards require the parents to make major decisions about the children together. In the event of a dispute, a means for solving the dispute is implemented. And, the joint custody order should call for periodic review, so that as the children age, their needs can be met with flexible mutually agreed changes, such as parenting schedule changes.
One aspect of joint custody that I feel is not often considered is the requirement that joint custody be ordered when a risk of alienation of the non-custodial parent is a risk. Some judges feel, following In re Marriage of Marcello, that they cannot order joint custody if the parents do not get along, and there is a breakdown of communication. What I have observed in many cases is that the primary caregiver parent, who many times may be the temporary custodial parent, simply becomes difficult, argumentative, or at worst, alienating, with the hope that the non-custodial parent is cut out of the decision making for the children.
In my opinion, an award of joint custody can be a reward for two parents who cooperate well with each other. At the same time, a requirement of joint custody may be one tool the court can implement to require a custodial parent to involve, and share information with, the non-custodial (usually Dad) parent.
Using the father as the noncustodial example in this case, ensuring that Dad has joint custody, and requiring Mom to communicate and decision make with him, meets the test that Seitzinger and other Illinois cases have established regarding joint custody: it's for the best interests of the kids, and not reserved only for parents that get along. Indeed, the parent that wishes to push Dad away should be required by the judgment to joint parent.
Kids need both loving parents in their lives; mandated joint custody is one way to accomplish this.
Illinois Divorce, Custody, and the Narcissist Spouse
Much of my work focus around complex and sometimes high conflict custody cases involving Borderline personalities, and other psychological disorders. With BPD custody cases, and many other cases, there are elements of the narcissistic personality. What characteristics define a narcisisist? A recent article, "Beware the Narcissist; Know the Signs," by Heidi Stevens (McClatchy) offers a solid description:
``Narcissism is an epidemic in our society,'' argues LIsa Scott, author of It's All About Him: How to Identify and Avoid the Narcissist Male Before You Get Hurt (CFI, 2009). ``Our culture breeds it.''
While it's one thing to watch reality show contestants bask in their own glory for the sake of finding love, it's another to find yourself dating such a character -- man or woman.
So, how do you avoid such a fate? We turned to the experts for tips on sniffing out the self-obsessed.
THE SIGNS
The American Psychological Association identifies nine traits of narcissists, five of which need to be present for a Narcissistic Personality Disorder (NPD) diagnosis:
? Feels grandiose and self-important for reasons not supported by reality.
? Obsesses with fantasies about unlimited success, fame, power or omnipotence.
? Believes he/she is unique and special and can be understood by and associate with only other unique or high-status people.
? Requires excessive admiration, adulation, attention and affirmation.
? Feels a sense of entitlement.
? Exploits others without guilt or remorse.
? Is devoid of empathy.
? Tends to be envious of others or believes others are envious of him/her.
? Displays arrogant and haughty behavior.
The biggest red flag, Scott says, is lack of empathy.
``They're unable to see that other people have feelings,'' she says. ``Narcissists only enter into a relationship to stroke their ego. They disconnected from themselves a long time ago in order to avoid feeling, so they need the outside world to validate their image.''
So, the whole relationship revolves around meeting the narcissist's needs and wants, while yours go unnoticed. The trick to spotting lack of empathy, or any of these traits, for that matter, is penetrating a narcissist's ego-shield -- also known as charm.
``Narcissists are gifted manipulators who can sweep anyone off their feet,'' Scott writes in her book.
That's why it's not enough to focus on someone's early behavior. Focus on how you're being treated throughout the relationship. Scott maintains that after the chase has ended, a narcissist's true colors will show.
``He becomes demanding and angry, unaware that the other has needs or a separate self at all,'' Scott writes. ``He is not consciously mean. He simply finds it impossible to see others as independent entities.''
Individuals with BPD and NPD present with these traits, and these traits, when severe, make healthy parenting problematic. Children are independent entities that need care, nurturing and validation; parents with pathology have difficulty offering this kind of support to children. The needs of the parent trump those of the children,and when the children's normal developmental needs frustrate the NPD/BPD, raging, criticism and other forms of abusive parental acting out can occur.
If you have concerns about BPD or NPD in your family or in your divorce case, visit my friend Randi Kreger's site, www.BPDCentral.com, and contact my office for an initial consultation if a divorce or other intervention is needed to protect the developmental health of your children.
Thursday, November 11, 2010
Muscogee County, Georgia Child Custody lawyer
There are many options to work out a child custody arrangement. The spouses do not always have to let the judge decide the schedule. Rotating custody, although not common, works perfectly if the spouses reside within five to ten miles of one another. With rotating custody, one spouse keeps the child for a predetermined period of time, then the other parent keeps the child for the same amount of time. Supervised visitation can be ordered by the court if the court thinks that the secondary parent may be a danger to the child. The court may also direct supervised visitation if it has reason to believe that one spouse (the parent getting supervised visitation) may move out of the state or the country with the minor child without the consent of the other parent. A court may award the custody of a child to a third-party if the third-party has sought custody. The third-party is generally the grandparent or other close relative. If the marriage has numerous children, a court has the authority to separate the children and split the custody between parents in accord with the best interest of each particular child. Generally, however, the best interests of a child will be to reside with that child's siblings, because of emotional support reasons. While deciding the home in which to place the child, the court strives to reach a decision Doggy Steps in "the best interests of the child." A decision in "the best interests of the child" needs considering the desires of the child's parents, the desires of the child, and the child's relationship with each of the parents, siblings, other persons who may substantially impact the child's best interests, the child's comfort in his home, school, and community, and the mental and physical health of the involved individuals. An experienced Muscogee County, Georgia child custody lawyer can assist you get child custody in a divorce.
Columbus GA divorce lawyer & Georgia child custody attorney
Columbus GA divorce lawyer & Georgia child custody attorney
Muscogee County, Georgia Divorce Settlement
In a Muscogee County, Georgia divorce settlement, the parties can keep the assets and liabilities each one wants, and offset the inequitable distribution with another asset or a property that can be easily distributed between the two parties such as a savings account, which are much easier to divide than a retirement account. Even, tax consequences should be taken into consideration while working up a settlement. It is possible that one spouse is in a better position to pay taxes on a certain asset, and would therefore take that property. If the case should go to litigation instead, the judge may award the other party that particular property, and that party may end up losing the asset because of tax ramifications. An uncontested divorce is possibly the best form of divorce if you are looking for a divorce. An uncontested divorce is the least expensive kind of divorce you can get. In an uncontested divorce, both parties agree on the terms of the divorce, and file court papers cooperatively to make the divorce happen. The spouses may never have to appear in court and there is no formal trial. Instead, you file court forms and a "marital settlement agreement". In a divorce settlement, as the parties reached the agreement, they are more likely to follow the agreement, instead of a court order awarding issues to the spouse that did not want certain issues. This in turn keeps the spouses out of court to litigate a noncompliance after the entry of the final order.
Columbus GA divorce lawyer & Georgia child custody attorney
Columbus GA divorce lawyer & Georgia child custody attorney
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