The Hello Divorce Podcast

Child Custody Hacks Your Lawyer Hasn’t Told You About


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Today's topic is child custody. Most separating parents prioritize two things — getting your kids through divorce with the least amount of emotional damage and disruption to their lives. If you identify with this statement, then you're going to want to listen to this short, but meaningful podcast on how to develop a thoughtful and sustainable parenting plan - that gets you and your kids - exactly where you need to go. Regardless of where you are in the divorce proceedings and whether or not your case is headed to court - I expect you’ll find value in this episode. So keep listening to learn some actionable tips for maximizing your co-parenting strategy!
If you're thinking about separating from your spouse, if you're concerned that your spouse is going to ask for a divorce, if you're already embroiled in litigation or are about to start mediation, or even if you're just negotiating a parenting plan with your ex outside of the court context, you have a lot to think about. It’s difficult to know what to focus on so that’s why I’m here. To give it to you straight.
First things first -  While a lawyer can share their experience of how to interpret the law or what the likely outcome is if you were to litigate (aka  go to court), one thing you don’t hear too often is that there’s actually a tremendous amount of flexibility when it comes to parenting plans.
The one thing lawyers aren’t usually too concerned with is the details. I’m guilty too. We are so busy focusing on financials  and the actual physical custody orders meaning - where your kids will live and on what schedule - we often overlook the specifics.  It’s going to be up to you to ask for what you need and if you don’t -  you could run into issues.
So why am I recommending such specific details in your custody orders. Well first of all - let me back up - what do I mean by “orders.” Orders are the terms of your divorce - like your parenting schedule - that are ultimately reduced to paper and signed off by the judge - usually called a divorce judgment or decree. The terms are either negotiated or litigated. If they are negotiated b/n you and your ex - they are an agreement that become an order. If you have to go to court - that is litigation and ultimately it’s the judge that makes the terms that get filed and become an order.
Back to why I want you to have a detailed parenting agreement -  If you and your soon-to-be ex-spouse are really great at negotiating and respect each other as parents and people - you likely are a great co-parenting team, and perhaps a flexible parenting plan will work out just fine for you. But, if you have a strained relationship or you had some major communication issues in marriage, and let me tell you, if you had communication issues in marriage, they're going to be ever-present in your divorce. If that's the case, you're going to want to think through a parenting plan and strategy to help you obtain orders that cover all of your basis. Here’s why:
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The Hello Divorce PodcastBy Erin Levine

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