Divorce and Family Law Office of Joanne Kleiner

Divorce Lawyer Joanne Kleiner

Parenting Time

Jun 05

Negotiating Custody and Parenting

The Benefits of Positive Negotiations in Your Child Custody Case

Negotiating child custody can sometimes become contentious, even if both Pennsylvania parents want what is best for their child. However, a drawn-out, tension-filled fight is not usually in the best interest of the child. Going into child custody negotiations with a positive attitude and a desire to reach a fair agreement can set the tone for the co-parenting relationship and is full of benefits for the whole family.

Preparing for Positive Negotiations

Before the negotiations begin, tempers might be running high. You might even think that having the assistance of a divorce lawyer might mean that that is what you are preparing for. However, it is best to not approach this as a fight between the parents because this will become an obstacle to reaching the ideal custody agreement and parenting plan. Remember that a negotiation is a time for both parties to present their views and then to go back and forth as they reach an agreement where they each feel satisfied with what they are getting in return for what they have given up. Some of the ways you can prepare to have a positive discussion include:

  • Identifying your priorities
  • Having clear reasons for them
  • Being willing to be open-minded to the requests made by your child’s other parent
  • Listing the things you want your children to be able to keep to maintain stability and support

Positive Negotiations Should Focus on the Best Interests of the Child

This might sound like an easy thing to do, but when passions are running high, this might be forgotten. However, your child custody negotiations must remain focused on the best interest of the child so that all the decisions you make during the process are about creating the best environment for your child to grow up in. There are several things you can do to keep your discussions positive and focused on your child’s best interests. These include:

  • Discussing each parent’s priorities to see where they align and where they differ
  • Maintaining respectful, honest, and open communication
  • Committing to making decisions about the issues related to parenting your child
  • Avoiding discussion of personal issues between the parents that do not relate to the child’s upbringing

Positive Negotiations Allows Room for Creative Solutions

All families are unique. Therefore, each custody agreement and parenting plan must also be unique. Sometimes, this requires creativity, which positive negotiation allows. You can speak with your divorce lawyer about the parenting issues you and the other parent are facing in reaching an agreement to come up with creative solutions for these issues. This might mean working out a nontraditional agreement or even a special support agreement. The goal is to reach a fair arrangement that works for the family and that allows both parents to walk away happy. This will also lead to more commitment by both parties to uphold the agreement they have made.

Positive Negotiations Benefits the Whole Family

Positive negotiation provides long-term benefits for the whole family. This is important because even if you and your estranged spouse have decided to end your romantic relationship, you remain a family and connected due to your children. Some of the benefits of positive negotiations include:

  • Private space to resolve family issues in a way that works for all
  • The possibility of quicker resolutions and possibly lower costs to the divorce
  • An example for the children on how to resolve issues successfully and cooperatively
  • Evidence for the children that both parents remain committed to the family and to raising and supporting them in a loving way
  • Establishment of a positive tone for the co-parenting relationship

The result of your custody negotiation will have an impact on your life. More importantly, the results will have a significant impact on your child’s life. In that situation, you want the support of a divorce lawyer who can guide you through the negotiation process and help you reach an agreement that is ideal for your family. The Law Office of Joanne Kleiner might help you achieve this. Call us today at 215-886-1266 to set up an appointment to visit our Jenkintown offices.

Jul 26, 2012

Problems that Can Arise in Child Parenting Time

Child parenting time or visitation is the time that a noncustodial parent spends with his or her child. Custody and visitation rights are granted based upon your child’s best interests, and generally the family court prefers minor children to have regular and continuing contact with both parents when possible.

Although Pennsylvania custody laws enable parents to come to reasonable visitation agreements between themselves, the plan must be in the child’s best interests and the parents must agree on it. Problems arise when the parents cannot reach an agreement and, in such a case, the court steps in and develops a child visitation schedule that the parents and child must follow. Situations that can make reaching a child parenting agreement difficult can include:

• Acrimony between the ex-spouses
• The desire of one parent to punish the other
• Disputes over child support payments
• Domestic abuse and/or parental neglect issues

The family court views visitation rights as a privilege, so custody is not automatically awarded. In fact, if the court determines that awarding visitation is not in the child’s best interests, sole custody may be awarded to the other parent. And even if visitation rights are denied, the noncustodial parent is required to pay child support.

However, child parenting plans are not set in stone and can be modified for several reasons. An experienced Pennsylvania family law attorney can help you determine if your circumstances are adequate to request a modification of an existing child custody order.

Consult a Pennsylvania family law attorney

In any divorce proceeding involving minor children it is always prudent to work with an experienced family law attorney. Contact us online or call (215) 886-1266 and schedule a consultation to discuss your child parenting time issue.

Jul 12, 2012

Child Parenting Time (Visitation) Guidelines

The intent of child parenting time is to ensure that both parents may play a significant role in their child’s life. While being a parent is not easy and all parents make mistakes, it is in your child’s best interests to have a good and loving relationship with each parent.

In developing a child parenting (visitation) plan, the following guidelines may be helpful:

• Maintain regular contact between the child and both parents.

• Parents should refrain from physically or verbally attacking the other parent in the presence of their children.

• The custodial parent should ensure the children are prepared for the visitation and available at the mutually agreed-upon time. And the noncustodial parent should return the child at the agreed-upon time.

• Visitation should be allowed outside the child’s primary residence, such as the noncustodial parent’s home or an agreed-upon outing location.

• Parents should refrain from involving romantic partners in their child visitation time. This time is meant to be shared with child and parent, and involving third parties can be confusing and dilute the quality of parenting time.

• Time spent with the noncustodial parent should be as frequent as is practical. Schedules should be flexible enough to allow for changes when necessary, and the other parent should be informed of schedule changes as soon as possible.

• Any schedule established should be adjusted to reflect your child’s age, health and interests as he or she grows.

• Each parent should encourage a good relationship between the child and the other parent, regardless of his or her personal opinion of the ex-spouse.

• Never use your children as bargaining chips, spies or go-betweens with the other parent. The purpose of parenting time is to spend time with your child.

• Both parents should resolve to reach agreement in decisions about their children, especially concerning discipline. And disagreements should never be discussed in your child’s presence.

Talk to a Pennsylvania family law attorney today

Visitation issues can be difficult, but an experienced Pennsylvania family law attorney can help you navigate the process. Contact us online or call (215) 886-1266 to discuss your child parenting matter.

Jun 28, 2012

Child Parenting Time (Visitation) Agreements

Pennsylvania family law attorneys are often asked what type of child parenting time schedule could be awarded in a particular client’s circumstances. While each family’s situation is unique, a typical child parenting schedule may include the following:

• Supervised visits. In cases where endangerment is an issue, visits are typically restricted to supervised visits of a few hours per week.

• Every other weekend. This would be typical as a bare minimum visitation for involved noncustodial parents, and may be most workable for parents who do not live in close proximity but close enough to work out alternate weekends.

• Every other weekend and one weekday evening. This is a common visitation arrangement for couples living in close proximity, with the children returning to the primary residence on the weeknight.

• Every other weekend and one overnight weeknight. This is also a popular visitation arrangement in which the weeknight visit extends overnight.

• Every other weekend and two weekday evenings per week. This visitation arrangement may be more appropriate for older children who require less intensive care and have later bedtime schedules.

• Every other weekend and two overnight weeknights. This type of visitation schedule is more likely when a joint physical custody arrangement exists.

• Week on, week off. This is the clearest example of equal time — however, many parents do not like a full week without seeing their children.

• Six days and one (overnight). This is similar to a week on, week off arrangement, except that the alternating parent has a day midweek.

• Six days and one (evening). This is the same as above except the midweek day has no overnight stay.

• Two-two-three-three. This schedule rotates Monday/Tuesday, then Wednesday/Thursday, then Friday, Saturday, Sunday and then repeats.

• Two-two-five-five. This schedule gives every Monday/Tuesday to one parent and every Wednesday/Thursday to the other parent, and then weeks are rotated.

Contact a Pennsylvania family law attorney today

An experienced family law attorney can help you determine the type of visitation schedule that is most suited to your family’s needs. Contact us online or call (215) 886-1266 to discuss your child parenting time agreement.