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Posts tagged "Custody"

Divorce, Child Custody & Nesting

A rarely used option in child custody arrangements is "Nesting". When divorcing and co-parenting, the parties decide to each reside in a new residence and keep the children in the former marital home. Instead of the children going from Mom's home to Dad's home, the children remain in the home while the Mom and Dad go back and forth into the former home.

RI Divorce & Taxes: A Child's Tax Return

During a divorce and Child Custody determination, the issue of who claims the child or children for income tax purposes may be a topic of discussions. As long as the divorce is final by December 31, one parent can claim the child. Usually the parent claiming the child may file as Head of Household, which can lower taxes. The Rhode Island Child Support Guidelines presume that the parent with primary possession can claim the child for tax purposes. The parties can negotiate who claims the child, or to even alternate years claiming the child as a dependent.  Negotiating for this benefit is important.

RI Divorce & Taxes: A Child's Tax Return

During a divorce, the issue of who claims the child or children for income tax purposes my e a topic of discussions. As long as the divorce is final by December 31, one parent can claim the child. Usually the parent claiming the child may file as Head of Household, which can lower taxes. The Rhode Island Child Support Guidelines presume that the parent with primary possession can claim the child for tax purposes. The parties can negotiate who claims the child, or to even alternate years claiming the child as a dependent.  Negotiating for this benefit is important.

Unmarried (Unwed) Parents Have Child Custody Right

Unmarried couples with child custody issues are growing in numbers. A recent Pew Research Center survey shows that Millenials (ages 18 - 33) "lead all generations in the share of out-of wedlock births". In 2012, 47% of births to women in the Millenial generation were non-marital compared to 21 % among older women. Many parents do not remain together after the birth of a child, whether the split occurs months or years later.

Parenting Plans - Underlying Concepts

Parents are usually in the best position to understand their children and that is why mediation produces productive parenting plans. Parents can be torn by the tension between what they want and what may be best for each child. It is critical in almost every case that both parents build and maintain healthy relationships with each child.

The Promise of Mediation

Mediation of a divorce or other dispute can achieve results that seemed impossible to the disputing parties. Great mediators, being impartial, bring open minds, experience and patience to the quarrels large and small. This story, taken from William Ury, an author of "Getting to Yes" wonderfully demonstrates the promise of mediation:

Child Custody Expert - Potential Bias Based on Facebook

In divorce conferences with clients, they bring in Facebook screenshots to show alleged indiscretions by their spouse. Facebook discussions with new friends or lovers, notes indicating binge drinking, late night partying, and photographs of spouses with new "friends" are brought in to show their spouse's bad behaviors. One client brought in Facebook photos of  his spouse indicating that the spouse bid thousands of dollars to dance with a New England Patriots star and singing "Do Ya Think I'm Sexy" to him. Yes, these screenshots may be used at a trial but more often lead to successful settlement negotiations or mediations.

Common Sense Parenting Statement

Years ago, while walking through a curio shop in Wickford, Rhode Island, Steve Hirsch came across a platter with the following parenting adage, supposedly written by film and television actor Ricardo Mantalban.  Although simplistic, its message is serious and sincere, filled with a simple directive.  Steve has kept this for years, shared it with clients and read it to his children at times for the lesson it delivers. There is a lot of common sense to this quote:

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