#FamilyFriday – Split Households & the Holiday Season

It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do? 

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It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do?  What are your options?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC discuss various options for developing a fair and reasonable access schedule.

First, as previously discussed in a #FamilyFriday article, Parenting Plans are a great tool to discuss and resolve these issues before the stress and onset of the holiday season.  As a reminder, Parenting Plans encourage parents to focus on the needs of their children, how best to co-parent, and how to anticipate and/or address the various changes in their lives at the time of its creation and in the future.  Attorneys and mediators can help you create a Parenting Plan that best suits your family dynamic and situation.  For example, perhaps both parents are adamant about wanting to spend Christmas with their children.  The fact of the matter is that the children can only wake up once on Christmas morning and how to decide who will experience that can raise a lot of emotion.  One way to resolve this is to alternate years so that one parent has the full Christmas holiday on even years and the other during odd years.  Another way to resolve this is one parent has the children Christmas Eve through Christmas morning and the other has the children from mid-Christmas morning for the remainder of the day.  These types of arrangements are best to be discussed outside of the courtroom as they can involve a lot of detail and negotiating.

Second, talk with the other parent and see if maybe certain holidays are more important to them than they are you.  Creating a schedule or agreement that allows for each parent to have or enjoy the days that are important to them in exchange for those that are important to you can settle future disputes.  For example, perhaps it’s your family tradition to go “big” for Thanksgiving but less so for Christmas.  Maybe you can agree that you’ll have the children for Thanksgiving and the other parent on Christmas.

Third, though uncommon, if you and the other parent are able to co-parent and share some or all holidays that could resolve any disagreement about who should have the children and when.  This can be difficult depending on the relationship between you and the other parent.

Fourth, alternating holidays so that, for example, the parent who does not have the children on Thanksgiving will have them for Christmas or the parent who does not have the children Memorial Day Weekend will have them Labor Day Weekend.

Regardless of the arrangement, always place agreements in writing.  This allows both parents to be held accountable for upholding the arrangement and preventing an issue in the future.  Try and deal with these potential and likely issues before they become bigger issues.

If you need assistance or would like to explore Mediation or Parenting Plans, contact ERA Law Group, LLC attorney Valerie E. Anias, Esq. at (410) 919-1790 and ask about the FREE 30 MINUTE CONSULTATION.

#FamilyFriday – Custody Rights Without a Court Order: Common Misconceptions

What many people don’t know is that in the absence of a court order both parents have an equal right to legal custody and physical custody of their minor child. 

By: Valerie E. Anias, Esq.

You and the other parent have a child together.  You separate or break up but never file any court action.  What are your rights? What about the other parent?  What many people don’t know is that in the absence of a court order both parents have an equal right to legal custody and physical custody of their minor child.  On this week’s #FamilyFriday article the attorneys of ERA Law Group, LLC want to help clear up some common misconceptions.

MISCONCEPTION #1:  The children always stay with mom.  While this is the most common situation and arrangement, this is certainly not the “only” arrangement.  Fathers have a 100% equal right to be the primary custodial parent just like mothers.

MISCONCEPTION #2:  Fathers have less rights.  Not true.  Fathers and mothers have equal rights with regard to their children.  Both relationships are important.

MISCONCEPTION #3:  We share expenses.  I don’t have to pay child support.  Just because you and the other parent can amicably split the child’s daycare costs, for example, does not negate the award of child support.  You and the other parent may have an agreement that works but if that agreement doesn’t work and if a parent decided to file an action for child support it is likely that child support would be ordered.

MISCONCEPTION #4:  Visitation means “every other weekend.”  Not necessarily.  Especially so if you don’t have school aged children.  More often we are seeing alternative schedules providing both parents with nearly equal time.  Living separate does not necessarily mean you spend less or more time with your child than the other parent.

MISCONCEPTION #5:  We get along great!  We don’t need a written agreement or Court Order.  Perhaps you and the other parent do work well together.  But what happens if that stops?  The purpose of a Court Order or an agreement, is to settle disputes that have occurred and to prevent future disputes from arising.  You and the other parent may get along now but what if there’s a dispute later about where to send the child to school?  How to pay for extracurriculars?  How to have an access schedule when one parent lives 50 miles away?  Having a written agreement or Court Order can prevent some of these issues from ruining the amicable arrangement you have now.

Call ERA Law Group, LLC attorney Valerie Anias, Esq. at (410) 919-1790 and ask about our fixed fee Separation Agreements, Parenting Plans, and FREE 30 MINUTE CONSULTATION!

#FamilyFriday – Modifications

Often, we meet with clients that don’t know they can request a change to their previous custody or support order. There are many changes that may occur that make it necessary for you to modify your Court order.

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC are here to talk with you about modifications.  Often, we meet with clients that don’t know they can request a change to their previous custody or support order.  For example, a child support order from 10 years ago is likely very different than a child support order today.  What if one parent has a new job?  What if the child has new needs?  What if one parent lost their job?  There are many changes that may occur that make it necessary for you to modify your Court order.

The most important element of a modification is that there must be a material change in circumstance.  A parent getting a new job but maintaining a similar salary or moving to another home in the same neighborhood are generally not considered a material change in circumstance.  However, in many cases situations do arise which require one parent to seek a modification.  Parents come to our office because one parent has received a significant raise, has moved far away, or has started a relationship with a questionable person.  When these material changes occur, the Court can then evaluate whether the original order is still in the best interests of your child.

The attorneys at ERA Law Group, LLC are compassionate and understanding of each family’s unique circumstances.  Call us at (443) 906-3566 to discuss your specific case and let the attorneys at ERA Law Group, LLC help you and your family!