Showing posts with label Family Law. Show all posts
Showing posts with label Family Law. Show all posts

Monday, November 21, 2011

Holiday Tips for Divorced and Separated Parents!

With the Holidays upon us it is time for cheer and goodwill, but for divorced and separated parents this time of the year is stressful. Immediately the phone starts ringing and words are exchanged. Your plans for a happy and relaxing holiday just got more difficult with the addition of a custody exchange to your itinerary. However, things don’t have to be so gloom. As a family law attorney in Springfield Missouri, I have witnessed some of the best and worst parents out there, and patterns start to develop that can help divorced parents make the holiday time a little better, not just for the children, but for everyone.

Let’s start with a simple idea. The best divorced parents out there have one thing in common: THEY HAVE NO IDEA WHERE THEIR PARENTING PLAN IS! How does that make you a good parent? Parenting plans are restrictions; guidelines for what parents should do if they can’t come to an agreement. The best parents are able to set aside their differences that caused the divorce or separation, and focus on a schedule that is best for the kids. It isn’t always what you want, but if you are a parent you have already learned that your needs are no longer important. What matters most are the children. If you are one of the parents that don’t know where your plan is or what is in it, then you can stop reading, because the rest of this blog is going to focus on the rest of you. Here are a few tips to make the holidays easier:

1.       Communication: Prior to the exchange make sure you communicate with the other parent so you are both on the same page as to upcoming exchanges. However, communication doesn’t stop there. The other parent will want to know where you will be staying and a basic itinerary, if traveling. Remember, they are not trying to be nosy; they just want to know where their kids will be. Provide such willingly and have a phone number they can be reached at. It is a good idea to have this typed up and prepared before the exchange.
2.       Agreement: When discussing the holiday schedule make sure that all parties are on the same page. There is nothing worse than having different ideas on what is to occur so make sure the two of you fully agree on what is to occur. If the parties are high conflict, this may require each to pull out their parenting plan and go over it in detail. Many attorneys would gladly review the document for little to no fee so do not hesitate to ask.
3.       Inform: Once the parties have reached an agreement and communicated such to each other, draw up a holiday schedule and send a friendly reminder to the other parent. This will serve as a confirmation and allow both parties to work off the same calendar. Additionally, you should post the Holiday schedule in your home so the kids can see it and know what to expect. Remember, when discussing schedules with your children it is important not to give them the power to decide. Transitions should be smooth and the only surprises that should take place, are those found under the tree on Christmas morning.
4.       Adapt: Being a parent means being able to adapt to the situation. Remember to be flexible during the holiday season as not everyone will plan as well as you. The same family members that just dropped in from out of town or who always showed up late while you were married is still up to their antics. As a result, don’t punish the kids by enforcing a rigid schedule. It may be the only time of the year the kids get to see that family so make it work.
5.       Consideration: Consider your family during this time. When the two of you decided to split, you didn’t ask your family’s permission. However, you should ask permission when making your holiday plans. Make sure that you don’t add too much pressure to your family to be when and where you want them. The season is stressful enough and you don’t want your own family upset because the world now revolves around your divorce.

These are just a few tips and they may not apply to your situation, but remember this, divorce and separation is never easy and you cannot continue to live your life the way it was before. Expenses need to be cut back, activities cut in half, and understanding and cooperation doubled. Whatever your situation may be, you should always consult an attorney before taking drastic action.

Thursday, April 7, 2011

Should I testify at trial?


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Mark Twain once said, "If you tell the truth you won’t have to remember anything." Never is this so true than in the Court of law. I have had an unusually high number of trials lately; most cases simply never get that far. However, with trials comes the inevitable struggle over truth. The most amusing aspect being those people who have decided to lie, but could not commit to it. There is a special place in the Guinness book of idiots for those people, the cover.

Lying never really gets you what you want. At best it gives you a lifetime of worry and covering your tracks. So why is it that we decide to lie so often? Many believe it to be compulsive while some point the finger at shame. I think people are just scared. Scared of what might happen, of what people might think, of what Judges might rule. While these concerns are legitimate it doesn't justify the end.

No matter your situation I ask that you consider your words. Quick responses aren’t always necessary, and many times end up in disaster. Hold tight to the idea that a person is only as good as their word, and try to be the best you can. I give my client's three (3) rules to follow when testifying in Court. (1) Answer only what's asked. The more you talk, the more you lie, and you shouldn’t assume you know the direction the attorney is taking you. (2) Don't play games. The simple truth is that this is a game you can’t afford to lose, and knowing that the attorney has all the rules and you don't make that prospect just too risky. Finally, and most importantly, (3) always tell the truth. A person who tells the truth never has to remember the facts, and most often, that’s why you are there. Those little hesitations in your voice are what gives it away, so make sure to be confident in your answer. There is nothing worse than telling the truth, and no one believing you.

To that end, I feel like I can learn more about a person in a trial than I could in any other setting. Not because of what they tell me, but rather what they don’t tell me. The truth is sometimes ugly, but it is always better than a lie.


Joel Harris is an Attorney in Nixa, MO and serves the Springfield area. He engages in a variety of different legal activities including Divorce & Custody, Criminal Law, Traffic & DWI, and Auto accidents.

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