April 18

Your Divorce, Your Children’s Well-being: A Practical Approach

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One question I often get from parents in divorce litigation is how do I help my child through this process? One thing I want to be very clear about is there are court rules in place that preclude parents from discussing litigation with their children. You can't talk about, you know, what motion was filed or what a pleading said or that, you know, a hearing is coming up. In essence, a child should be blissfully unaware of what is happening with their parents marriage and in their divorce case. Thus, if a parent tells a child about divorce litigation, they can be sanctioned by the court and it can be a basis if it happens enough times for the court to take a child away from a parent. So be careful not to share details or anything about a divorce case with a child. If a child is struggling as a result of their parents getting divorced, one thing you might want to consider is having the child see a therapist. You can't do that unilaterally. You're going to have to communicate with the other parent and reach a consensus as to who is going to provide those therapeutic services, how the therapeutic services are going to occur, and who's going to pay for them. But therapy for a can be very beneficial if you have a child struggling with divorce. Common issues that parents can face during a custody battle include parental alienation, parallel parenting, and, you know, high conflict parenting styles. More specifically, parental alienation is where a parent talks to the children about the litigation or speaks negatively about the other parent if they're mad in an effort to poison that child against a parent. It's very, very detrimental to the child, causes emotional and traumatic damage to the child, and makes it very difficult for a child to thrive and succeed. When a parent does something like that. Parallel parenting is where parents don't work together to parent, but they have two different methodologies of solving a problem with a child. They don't communicate, they don't coordinate their efforts to support a child. One parent does it one way, the other parent does it the other. We often see this in discipline styles. When you have a parent who is trying to be more of a friend to a child than a parent, and they basically let them get away with anything. They don't have chores, they don't have to be accountable for the things that they do versus the other parent who has very clear guidelines and rules at their home. There's chores to be accomplished, homework has to be done before entertainment activities, sports or video games can be played. I find in my practice that when parents don't coordinate their efforts and they parallel parent the children suffer the consequences of that. Parenting plans can be incredibly beneficial tools to support children's needs Parenting plans provide clear guidance to parents as to how parenting will occur when child exchanges are to occur, what happens if the parent's going to be late to a child exchange, if a parent can't be available for a child custody period, who will watch the child and a circumstance where you know a parent has to work or has to be out of town on business or vacation, how child support will be paid and when. Typically, clear parenting agreements benefit the parties because everybody knows you know the guidelines of how things are going to work in their parenting scenario, what happens if there's problems occur, how the situation could be modified if modifications become necessary, and how to best support the children so that there's no conflict amongst the parents and they can thrive and succeed the best that they can. So high conflict parenting styles make it difficult for parties to communicate and coordinate in regard to their children to accomplish the children's best interest. We typically see this when a spouse is angry as a result of infidelity, or physical or verbal or sexual abuse in their relationship. The problem with taking those feelings out on the other parent is it can have ramifications for your children. Thus, and I know that it's not easy, but treating a divorce action as a business transaction is the best way to amicably resolve a divorce case, thus leaving the emotion out of it and trying to focus on the issues of the divorce more specifically division of assets, debts, etc. Custody, alimony, child support. Treating it as a business transaction will make the divorce process easier and typically less expensive because people aren't litigating their feelings.

Navigating the Storm: Protecting Your Children During Divorce

Divorce is rarely easy, but when children are involved, the emotional stakes are exponentially higher. The process can be fraught with challenges, and making the right decisions for your children is paramount. This blog post will address key considerations for parents navigating divorce, focusing on protecting your children's well-being throughout the process.

Keeping Kids Out of the Legal Fray

One of the most crucial aspects of divorce involving children is maintaining a protective distance between the legal proceedings and your children. It's vital that children remain unaware of the specifics of divorce litigation. Sharing details about court battles, financial disputes, or accusations against the other parent can be incredibly damaging. In fact, doing so can even lead to court sanctions. Protecting your children's emotional well-being should be the top priority.

Seeking Professional Help When Needed

Divorce is inherently stressful, and children often bear the brunt of this stress. If your child is struggling to cope with the changes brought on by the divorce, seeking professional help is essential. Family therapy can provide a safe space for children to process their emotions and develop healthy coping mechanisms. However, it's crucial that both parents agree on the therapist, the treatment process, and the financial responsibilities involved.

Understanding Common Custody Battle Issues

Many divorce cases involve complex custody battles, often characterized by three common issues: parental alienation, parallel parenting, and high-conflict parenting.

  • Parental Alienation: This involves one parent actively turning the child against the other parent. This behavior is incredibly detrimental to the child's well-being and should be addressed immediately.
  • Parallel Parenting: This describes a situation where parents have minimal communication and coordination regarding parenting styles and decisions. Differing approaches to discipline, for example, can create confusion and instability for the child.
  • High-Conflict Parenting: This often stems from underlying issues like infidelity or abuse and significantly hinders effective communication and cooperation between parents. This type of conflict is extremely damaging to children.

Creating a Structured Parenting Plan

A well-defined parenting plan is crucial for minimizing conflict and ensuring a stable environment for your children. This plan should clearly outline child custody arrangements, visitation schedules, guidelines for communication, and details regarding child support. A structured plan benefits all parties involved by providing clarity and reducing ambiguity.

Treating Divorce as a Business Transaction

While emotionally charged, approaching divorce with a business-like mindset can significantly reduce conflict and legal costs. Focusing on the practical aspects – assets, debts, custody arrangements, alimony, and child support – can help to keep the process as efficient and amicable as possible. This approach prioritizes clear communication and a focus on solutions, rather than escalating conflict.

Conclusion

Divorce is a challenging experience, but by prioritizing your children's well-being and adopting a proactive approach, you can navigate this difficult period with greater ease. Remember, seeking professional help when needed, creating a structured parenting plan, and maintaining a focus on the practical aspects of the divorce can significantly improve the outcome for everyone involved.

Trust The Experts at Leavitt Family Law

Leavitt Family Law Group has extensive experience, and our law practice focuses on all aspects of family law, including pre/post-marital agreements, divorce, post-divorce, child custody and support, alimony, and more. From straightforward amicable divorces to complex, high-conflict litigation, we provide superior legal representation to our clients at a reasonable cost. We work diligently to protect our client's rights and secure the best outcome for them and their families. For personalized family legal assistance in Henderson, Nevada, or anywhere in the Las Vegas Valley, call the Leavitt Family Law Group at 702-447-0084 or CONTACT US to schedule a Free 10 minute telephone consultation. 


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