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In the United States, all states require couples who are separating or divorcing to file what is known as a parenting plan. This plan forces couples to address a number of issues which are important at the time of separation or will become even more important at some time in the future.
Topics covered in the parenting plan include physical custody, legal custody, exchange procedures, holidays, insurance, contact with other family members, school activities, medical attention, contact information and overseas travel.
You may not even think of many of these items and may be too stressed to handle things in a matter of fact way. That is the purpose of the parenting plan. All bases are covered and by completing the details, the worry of the unknown is reduced if not removed altogether.
Certain obvious things apply when it comes to a parenting plan. It must be written not verbal and must be signed and dated by both partners. You may be able to work it out between yourselves but if you can’t or if there is fear and anger involved, have a third party assist in making the plan.
Your local district court can assist but there are several; sources on-line with plans and information about the parenting plan.
Uncontested divorces (those that are agreed upon/amicable) do not need lawyers. Its a common misconception.
You can do the divorce yourself. You’d prepare the docs (or have someone prepare them — I did) serve them to your spouse and file them in court.
Georgia has a waiting period of 30 days. That means 30 days after you file the divorce papers you’ll be legally divorced.
***If you both agree, you just need a certified mediator to put together an agreement. This can be an attorney or paralegal, with specialized training. Each of you will pay half the fees. You register the agreement with the court.
Visitation
How close do you live to him?
How old is the child?
Medical
Who covers medical insurance?
Who decides on treatment
Child Support
How much and how long?
Is support paid through college?
What is the minimum credit hours the child must take?
Who gets the tax deduction?
Death
If the residential parent dies, who gets the child? Never assume anything.
May I ask why the divorce or separation? It’s very important that the child have both parents in the home. Is there nothing that can be done toward this end?
BIRD nest Custody.
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at “home” and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the “bird’s nest”. When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the “nest” and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
“In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….
“Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house.”
#1 by stuned heart on 11/24/2011 - 5:19 PM
court house probate and you dont need a lawyer if both partys agree
#2 by Eunice May S on 11/24/2011 - 5:28 PM
In the United States, all states require couples who are separating or divorcing to file what is known as a parenting plan. This plan forces couples to address a number of issues which are important at the time of separation or will become even more important at some time in the future.
Topics covered in the parenting plan include physical custody, legal custody, exchange procedures, holidays, insurance, contact with other family members, school activities, medical attention, contact information and overseas travel.
You may not even think of many of these items and may be too stressed to handle things in a matter of fact way. That is the purpose of the parenting plan. All bases are covered and by completing the details, the worry of the unknown is reduced if not removed altogether.
Certain obvious things apply when it comes to a parenting plan. It must be written not verbal and must be signed and dated by both partners. You may be able to work it out between yourselves but if you can’t or if there is fear and anger involved, have a third party assist in making the plan.
Your local district court can assist but there are several; sources on-line with plans and information about the parenting plan.
#3 by Nicole on 11/24/2011 - 6:02 PM
Uncontested divorces (those that are agreed upon/amicable) do not need lawyers. Its a common misconception.
You can do the divorce yourself. You’d prepare the docs (or have someone prepare them — I did) serve them to your spouse and file them in court.
Georgia has a waiting period of 30 days. That means 30 days after you file the divorce papers you’ll be legally divorced.
#4 by Papa Bear on 11/24/2011 - 6:58 PM
***If you both agree, you just need a certified mediator to put together an agreement. This can be an attorney or paralegal, with specialized training. Each of you will pay half the fees. You register the agreement with the court.
These are factors to be consider
Custody
Soul custody
Joint legal custody
Joint physical custody
Bird Nesting
Visitation
How close do you live to him?
How old is the child?
Medical
Who covers medical insurance?
Who decides on treatment
Child Support
How much and how long?
Is support paid through college?
What is the minimum credit hours the child must take?
Who gets the tax deduction?
Death
If the residential parent dies, who gets the child? Never assume anything.
May I ask why the divorce or separation? It’s very important that the child have both parents in the home. Is there nothing that can be done toward this end?
Here’s a few books that might help.
Stupid Things Parents Do to Mess Up Their Kids
http://search.barnesandnoble.com/booksearch/isbninquiry.asp?r=1&afsrc=1&pwb=1&ean=9780060933791&z=y
Ten Stupid Things Couples do to Mess up Their Relationships
http://search.barnesandnoble.com/booksearch/isbninquiry.asp?r=1&afsrc=1&pwb=1&ean=9780060512606&z=y
The Proper Care and Feeding of Marriage
http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?r=1&afsrc=1&z=y&EAN=9780061142826&itm=1
BIRD nest Custody.
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at “home” and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the “bird’s nest”. When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the “nest” and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
“In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….
“Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house.”
http://groups.yahoo.com/group/GiveKidsAChoice/