In the News

In the News

By Allison Gerli December 20, 2024
The holiday season can be a balancing act for all parents, but it can be especially challenging for divorced parents who need to coordinate plans with a former spouse and navigate interactions with new partners. While some stress is to be expected, with careful planning, flexibility, and the right mindset, you can make the holidays smoother for everyone. Here are a few tips to help you manage. Prioritizing the Children. The holidays are a time for children, and their well-being should be the focus of the schedule. Whether it's your first holiday post-divorce or you have had a few years to adjust, there are simple steps you can take to make the season easier for them. Create a Joint Plan. Collaborate with your ex to ensure the children can spend time with both of you without feeling torn. A clear, shared plan helps avoid confusion and conflict. This might involve splitting the day between both households or longer periods of time with each parent to allow for out-of-town travel to visit relatives. It is important that parents are on the same page on what schedule will be followed and that is communicated to the children as a joint plan. Balance Traditions with Flexibility. It is natural to want to keep cherished family traditions, but flexibility is key. Discuss with your co-parent which traditions are most important and find a realistic way to divide them. This ensures that the kids do not feel pressured to choose between one tradition or family, allowing them to enjoy special moments with both sides. Create New Traditions. This is an opportunity to start fresh. Let go of old expectations and focus on what will bring joy to your current family setup. Whether changing when your holiday meal occurs or coming up with new ways to celebrate with those who matter now, these changes can redefine your holiday experience in a way that reflects your family as it is today. Remember, children care more about spending time with you and celebrating together than about the exact day. [The Right] Communication is Key. Keeping communication focused on the kids can help prevent old conflicts from resurfacing. Keep discussions brief and to the point. Set times to address important matters and confirm plans through a message or email to ensure everyone is aligned and to prevent miscommunication. Involving New Partners. Whether it is you or your ex with a new partner, you should be mindful of how this change can stir emotions and make the situation feel uncertain. If planning to include a new partner in holiday activities, having a conversation with your ex beforehand is best. Discuss your plans for the day and make sure your ex is comfortable with the arrangement. If you are nervous about being around your ex’s new partner, remember that you have the right to decide how much or how little to engage with this new person, all while keeping things positive and calm for the children. Children may also need time to adjust to a new partner, particularly if the relationship is still fresh. Monitor how they are coping and give them space to process these changes. Do not force interactions, and if possible, let the relationship evolve naturally. Spending Time with Former In-Laws. Another challenge during the holidays for separated parents is dealing with ex-in-laws. Seeing them may feel awkward, but it is often necessary for the children's sake. If spending time with your ex-in-laws feels too emotionally challenging, be honest with yourself and them. It is okay to politely decline an invitation if it being there would cause too much stress. Regardless of how you feel about your ex-in-laws, remember that ex-in laws are still important figures in your children’s lives, and it is often best for the kids if you maintain a relationship with them. Encourage your children to spend time with their grandparents or other relatives from your ex’s family when possible. Remember even when feeling frustrated, remind yourself that cooperation between parents benefits the children, making these moments more manageable.
By Allison Gerli March 30, 2023
A custody proceeding can be an incredibly stressful and anxiety-provoking time for not only you but also your child. When a Guardian ad Litem or "GAL" is appointed to your case, the GAL will become a new person in your and your child’s lives. Below are some tips & guidelines for interacting with your child as they work with a GAL. The GAL is the child’s legal representative and, as such, may examine, cross-examine, subpoena witnesses, and offer testimony on behalf of the child at any hearing or trial. However, the primary role of the GAL is to make recommendations as to what he or she believes is in the child’s best interests. The GAL’s recommendation may be contrary to what the child believes is best. The GAL may make recommendations to the court as to what is in the child’s best interests regarding child custody, which may include recommendations about legal custody, physical custody, communication between parents and the child, weekly schedules, vacation time, and holiday time. After the GAL is appointed, the GAL often meets with the parents or the third parties seeking custody to start. The GAL will then meet with the child directly. The meeting may take place at school, the GAL’s office, the child’s residence, or a public location. It can be discomforting to have a new person enter a child’s life in such a personal way. It is also imperative that the GAL can enter the child’s life in as smooth a process as possible. To protect the process, you should not share with the child why a GAL has been appointed for them. Blaming or describing the opposing party’s negative behavior as the reason for the GAL’s appointment may influence their statements and impact the purity of the GAL’s meetings. GAL’s want to ensure their communication with the child is unbiased and untampered with so that the GAL can gain the most honest and reasonable assessment of the situation possible. Rather than saying, “a GAL has been appointed because Dad or Mom does X thing,” tell the child that the GAL is a new person to talk with them about this transition with their parents. Assure them that this person is there for them, and they should try to have an open conversation about their feelings and concerns about the situation. The GAL will introduce themselves to the child in the way they see fit, but you can let the child know ahead of time that they are meeting with the GAL and that this will be a safe space for them. Remind the child that they can and should be honest with the GAL and that the GAL is there to help bring their voice into the process. You can emphasize that they can truthfully answer any question the GAL asks and that it is also okay to ask the GAL any questions of their own. You can also tell the child that they may meet with this person more than once, which is often the case, so if they do not remember everything at the first meeting or do not know the answers to any questions, that is okay. If the child remembers an answer to a question later, you can offer to help them contact the GAL to provide the answer. GALs often have different policies for communicating with the child while the case is pending and how often they will meet with them. It is best to ask the GAL assigned to your case about their policies in advance. To respect the privacy of the GAL’s relationship with the child, please refrain from asking them what they discussed in their meeting with the GAL. The child may want to share certain aspects of their conversations with you, but please keep these debriefs as general as possible and do not probe. If the child shares something with you about their conversation with the GAL that you find concerning, please let your attorney know, and they will contact the GAL if necessary. All of the attorneys at The Center for Family Law are trained as GALs, in addition to representing individuals involved in divorce and child custody matters. Please contact us today to schedule a consultation. Article written with contribution from law clerk, Adele Rosenthal. Adele is a 2L at Washington University School of Law.
By Hallie Van Duren July 18, 2022
A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The GAL’s job is to investigate the circumstances of the child and the child's parents and caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child(ren), in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.
By Allison Gerli April 1, 2021
In Missouri under present law, child support continues past high school until the age of 21, as long as the child attends college or a vocational school. In addition, parents can also be obligated to pay college expenses until the age of 21. Pursuant to Section 452.340.5 of the Missouri Revised Statutes, in order for child support to remain in place and for parents to be responsible for college costs, the following requirements must be met: Hours Requirement . Child must enroll at minimum 12 credit hours per semester, not including summer. However, if the child is working at least 15 hours per week during the semester then the requirement that the child be enrolled in 12 credit hours is reduced to nine credit hours. Grades Requirement . Child must successfully complete the required number of credit hours, meaning no failing grades in at least 12 hours per semester. No Time Off Requirement. Generally, the child must enroll by October 1 following the child’s graduation from high school. This means that if the child takes a semester off before starting college, typically the child support obligation would terminate and could not be reinstated if the child enrolls in college after that point, even if the child is under age 21 when the child enrolls. In addition, the child must be continuously enrolled in school, meaning that child support would terminate and could not be reinstated if the child takes a semester off. Document Exchange Requirement . The child must provide transcripts or similar official document to both parents at the beginning of each semester, detailing the child’s enrollment in classes and grades. The law does provide for exceptions to the grades requirement above, which include, but are not limited to, a physical disability or other diagnosed health problems. The court will also consider other circumstances that may justify a delay in starting school by October 1 after graduation or require a child to take a semester off. If a child fails to meet the requirements above, the parent paying child support will need to file an Affidavit of Termination of Child Support with the court in order to stop an income withholding order/garnishment that may be in place. Without the consent of the other parent, a copy of the Affidavit will need to be served on the other parent and there will a hearing before the court. If the child is enrolled in an institution and meeting the requirements above, there is another option under the law that some parents may consider—the parent paying child support or the child may petition the court to have child support payments paid directly to the child instead of paying the other parent. While the court after a trial may only obligate parents to pay support and college expenses until a child reaches age 21, many parents agree as part of their divorce to pay for expenses past age 21 and these agreements are included as part of the divorce judgment. We have handled a lot of expensive litigation related to college expenses and post high school support. Consultation in advance may save significant fees. In addition, if you want the other parent to have to continue to pay child support, you must be sure to follow the procedure. You do not want to lose both in attorney’s fees and lost support payments. Please contact the firm if you wish to schedule a consultation.
Financials
By Allison Gerli February 5, 2021
The decision to get a divorce is often an extremely complicated one, combining a great deal of emotional and financial stress. Some people choose to consult with an attorney early in the decision-making process in order to better understand their options and legal rights under the law. Others may talk to friends who have gone through a divorce or do research on their own. There is no singular path to reaching the decision to get divorced. Likewise, there is no singular path to getting divorced when working with the right attorney. No matter which path you choose, it is important to protect yourself while you are making these life-altering decisions.
By Trisha McCulloch December 3, 2020
Finding your family in juvenile court for an abuse and neglect case can be very scary, stressful, and intimidating. There are many nuisances, acronyms, procedural differences, and important timelines that are thrown at you during a time when your main priority is getting your child back as soon as possible. In order to help you through this difficult process, this article explains the important acronyms and terms that you might hear during a juvenile case.
By Penny Robinson November 10, 2020
When one parent does not follow the parenting plan that is a violation of the court order. There are legal remedies available to parents to enforce their rights, including filing a Motion for Contempt or a Motion for Family Access Order. Read this post to learn more about your options.
By Hallie Van Duren October 27, 2020
On November 3rd, Missouri voters will be asked to vote, not only on their leaders in the executive and legislative branches of government, but the judiciary, as well. Some voters may think that because they do not have any direct experience with the Missouri judges on the ballot, they should skip those ballot questions or vote blindly. Fortunately, however, there are resources available for voters to quickly and easily educate themselves in order to have a voice in their judicial branch.
By Courtney Green October 8, 2020
Understanding the basic concepts of custody can help set the stage for parents in any phase of the process of divorce, legal separation, or unmarried parents involved in a paternity, child custody, or child support matter. In this article, learn more about sole legal custody, joint legal custody, sole physical custody, and joint physical custody.
By Allison Gerli September 22, 2020
You and your spouse may have accumulated debts of various types during the course of your marriage. If so, you are probably concerned about how to divide those debts and what the consequences will be if the debts are not paid, particularly if you do not trust that your spouse will be responsible about making payments.
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