Law Office of Joanne Kleiner

Archives for February 2018

Feb 20

Planning for Custody of a Disabled Child

Having a child with a disability is often a cause of marital strife, and more than 80 percent of married parents of a child with a disability eventually divorce. When married couples with a disabled child decide to divorce, it’s important to consider the child’s custody, support and guardianship in the legal arrangements. Having a plan in place helps to ensure that the disabled child’s financial, housing, medical and other needs will be met and that the parent with custody will have the right support in place under the law.

Divorce Statistics When a Child Has a Disability

When a married couple has a child with a disability, the stress of the situation can put a considerable strain on the marriage. As a result, many of these couples end up filing for a divorce. If a child has autism, there’s an 85 percent chance that the parents will divorce. If a couple has more than one child with disabilities, the pair has a higher than average chance of divorcing. A divorce mediation lawyer may be able to provide you with legal representation whether you’re filing for divorce or responding to the filing of a divorce by your spouse.

Special Considerations for a Divorce When a Child Has a Disability

There may be special considerations for both the spouse who will have custody and the child when there’s a divorce. In many cases, one of the parents works full-time while the other parent works outside of the home on a part-time basis or doesn’t work at all because of the scope of the child’s disability. The parent who retains custody of a child with disabilities may not be able to continue working or start working outside of the home due to the responsibilities of taking care of the child. This represents an increased need for both spousal and child support in the terms of the divorce. There’s also the related issue of medical decision making for the treatment of the disability. If custody will be shared, parents might have to consider who will take the child for appointments and what he or she will do if the child’s condition worsens. If a custodial parent decides to put the child into an outside nursing facility or other housing for people with disabilities, then this could also affect the terms of the divorce.

Visitation and Custody

Children with a disability as well as typically developing children benefit from stability, predictable routines and consistency in their environments. When you work with a child custody lawyer, these areas may be of increased importance to your divorce settlement. For example, if you’ll have primary custody and your former spouse will have visitation rights, set up a predictable visitation schedule that suits your child’s needs. If your former spouse doesn’t meet the expectations set forth in the agreement, then you may want to have wording included about the termination of visitation rights.

Appointment of a Guardian

Appointment of a legal guardian is a separate topic from custody and visitation, and it’s an important part of family law. Any child, including ones who have a disability, becomes legally able to make his or her own decisions at the age of 18. A guardian is allowed by law to make those decisions for an adult-disabled child. A custodial parent or parent with shared custody could be the guardian. You can also have someone else, such as an adult sibling, aunt or uncle of the child, be the guardian. A non-family member may also be the guardian. The topic of guardianship often comes up in a divorce case.

Child Benefits and State Support Programs

It’s important to know that if a child support lawyer negotiates a support payment system to the child from one or both parents, then the monies received could impact the child’s ability to receive government benefits. The state may reduce the child’s disability income accordingly. In some cases, the parental support could make the child with a disability ineligible for certain programs provided by the state or federal government.

A divorce lawyer may be able to help with your divorce and custody case in Jenkintown for a child with disabilities. Call the Law Office of Joanne Kleiner today at 215-886-1266 or visit our office at 261 Old York Road, Suite 402, Jenkintown, Pennsylvania 19046 to learn more.

Feb 10

Mediation or Collaboration May Help Divorcing Couples Avoid Court

Divorce can be stressful even for couples who split in the most amicable of circumstances. Court fees can be expensive, and procedures such as service of documents can strain even the most agreeable of separating parties’ relationships. The good news is that divorcing couples who wish to avoid the stress and costs of litigation may choose other options such as mediation or collaboration for marriage dissolution.

What Is Mediation?

Couples who seek mediation basically work out the terms of the divorce themselves using the services of a neutral mediator who’s usually a divorce mediation lawyer. The mediator doesn’t work for either party in the divorce. In fact, mediation can be seen as a process of three parties: the two parties in the divorce and the mediator.

The mediator helps the other two parties work through the issues involved in the divorce agreement, including but not limited to:

  • Child custody
  • Child support
  • Division of property
  • Assignment of debt responsibility
  • Alimony or other financial assistance

Regardless of how agreeable the parties may be at the beginning of the mediation, it’s not unusual for parties to exhibit emotions like anger, sadness, or anxiety that can hinder the process of reaching a mutually acceptable divorce agreement. One or both parties may be argumentative. A mediator can usually intervene and serve as a calming influence to help the parties refocus on the issues at hand.

Using a mediator may be especially helpful when children are involved. It allows for more flexibility in discussions and also provides a greater degree of confidentiality for all involved. While the divorce agreement that’s settled on through mediation is filed with the court, the details associated with the divorce aren’t divulged in a public forum such as a courtroom.

What Is Collaboration?

Collaborative divorce differs from mediation in that the divorcing couple doesn’t directly communicate with each other. Instead, each party is represented by a lawyer through a contractual agreement for collaboration. Through these lawyers, the parties essentially agree that litigation will not be sought and that full disclosure of assets will be provided by each party to the divorce. The collaborative team may also include therapists or counselors as well as neutral professionals who may serve as financial advisers or child advocates.

Collaboration may be a better choice than mediation for couples who are unable to directly communicate with each other without becoming confrontational or argumentative. This may be especially true when the divorce involves children. However, it should be noted that if either party seeks litigation, then the collaborative agreement is rendered null and void.

Collaborating with attorneys and neutral financial professionals may also be advantageous in cases where large property settlements are involved or when the composition of assets may be complicated. For instance, real estate ownership, stocks, bonds, options, and other investments may not be easily divested without professional help to ensure that the interests of all parties are protected equitably.

Other professionals who may be involved in the collaborative process are mental health coaches who help diffuse emotional issues and prevent them from overriding the objective matters that need to be addressed. These professionals are often the same gender as each party that he or she works with in order to help understand and work through the unique aspects of each gender’s perspective. They often help guide the parties in the use of positive and effective communication practices in the process.

Collaboration is usually more expensive than mediation but less expensive than litigation. It’s also usually more confidential than litigation, and children are afforded better protection from the negative fallout that can sometimes arise from emotional outbursts or negative comments in a courtroom.

When a divorce is inevitable, whether uncontested or contested, you may feel unsure as to where to turn in order to protect your rights as well as the interests of your children. When this happens, it’s a good idea to seek the advice of a divorce lawyer who’s familiar in matters of family law, including property settlement, child custody, child support, and a myriad of other concerns. A lawyer can also help guide you in deciding if mediation or collaboration is for you or if pursuing litigation in court will best serve your interests. Turn to Joanne Kleiner & Associates to receive the assistance you need. You can contact our firm by calling (215) 886-1266 or by visiting our office in Jenkintown, PA.