Creating a Co-parenting Plan that Works

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A co-parenting plan is a structured agreement that describes how two parents who are no longer together will raise the child. It contains information about visitation times and dates, as well as other information deemed important by the parents. Establishing an effective co-parenting plan can help lay out the critical information and avoid future conflict.

When drafting a co-parenting plan, it is especially important to use clear and unambiguous language. In case the parenting plan needs to be enforced, a judge must be able to read the specific provisions in question. Phrases such as “reasonable visitation” or “liberal visitation” will be more difficult to enforce because of their lack of precision. A well-defined schedule that details specific visitation dates and holiday plans is a better option.

It is important to include information about each provision that can be reasonably predicted to cause problems. This can vary in each case. However, it may include addressing issues regarding medical treatments, religious decisions, extracurricular activities and educational decisions. The parents might include a provision that requires mediation in the event that a dispute does arise.

One common point of contention in family law cases is a move by one of the parents, especially the parent who has more time with the child. A parenting plan may establish provisions regarding this issue, as well as related issues as out of state or out of country travel. In order to maximize access time with the child, the parents may also want to establish language that gives them the opportunity to care for the child if the other parent is to be gone during his or her normal time with the child.

Perhaps most importantly, a parenting plan should include language that adjusts visitation time with the child based on his or her age and developmental needs.

Options Regarding the Distribution of Real Property upon Divorce

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When a couple divorces, real property is often the most expensive asset that they have to divide.  The parties may not be aware of the different options concerning how to divide this property.  Some options may include:

Selling the Property

If neither spouse wants to keep the property or believes that they would be unable to afford to keep and maintain it, selling the property may be the best option.  Once the property is sold, the couple would split the proceeds.  The proportion that each spouse is entitled to depends on whether the property is community property or marital property, how much each party contributed to paying off the property or enhancing its value and any agreement between the spouses regarding this distribution.

Rent the Property

In down real estate markets, the spouses may agree to rent out the property.  The rental income may be used to offset spousal support or otherwise supplement one of the spouse’s incomes.  The couple may also agree to split the income between them.

Agree to Sell

The parties may agree to sell the property but at a later point in time.  This type of agreement may include more details and instructions, including a minimum amount that a spouse would be willing to accept for the sale of the property and which real estate agency or firm to use for the transaction.

Buy Out a Share

Another possible option is for one spouse to keep the property by buying the other spouse out of his or her share.  This may be accomplished by substituting assets that are of a similar value to the other spouse’s share of the home.  The spouse who will retain possession of the home is often required to refinance the property so that the other spouse is not still financially liable or linked to the property.

January 21, 2016

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4 Tips for Families Navigating College Financial Aid Amid Divorce – Divorced parents say to prepare early for difficult conversations about paying for college.

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As Stock Market Sinks, Mortgage Rates Slide Even Lower – Global stock markets have been in distress since the beginning of the year, and the bond market, seen as a safe haven for investors, has rallied. As a result, yields on 10-year U.S. Treasuries, often a prime indicator for mortgage rates,  have fallen — and mortgage rates have responded in kind, falling for the third week in a row.

What Is Land Use?

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Land use refers to zoning laws and other laws that regulate the use and development of real property.  Zoning is the most common form of regulation of this area and is utilized by municipalities in order to control how property is maintained and developed.  Zoning laws usually indicate which areas of the municipality that will be considered residential, commercial or industrial areas.  Such laws help to protect the value of properties and ensure that areas are optimized for their intended use.

Zoning laws also help protect the aesthetics and safety of buildings.  They may impose certain height restrictions, specify how many feet a building must be from a roadway, limit the number of rooms or buildings within a certain area, specify the types of buildings permitted in a specific area or designate certain locations for power lines.  Many municipalities utilize a master plan to help guide decisions regarding future development.

Another common source of land use is based on rights and interests of other parties.  For example, an easement is a limited right for a person to gain legal access to a portion of another person’s property.  This may be granted through a conveyance, or it may be implied by law, such as if a property is otherwise landlocked and the owners cannot have public access without crossing the land.  An easement may also exist to provide a benefit to the public, such as requiring a property owner not to build on a portion of the land so that the public can access green space or a waterway.

Land use can also involve restrictive covenants.  These are provisions included in a deed that limit a property’s use or restrict its use, such as only allowing the property to be used for residential purposes, to maintain a specific aesthetic quality and consistency with a community development or to establish a setback line.

Differences between the Appellate Process and the Trial Process

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When an individual loses a case, he or she may make the decision to appeal it.  Many individuals view this as a second chance to win.  However, the appellate process is very different from the trial process.

One way that the appellate process is different is that it usually does not involve the physical presence of a lawyer like the trial process does.  Many appeals are decided by the review of a written brief only.  If the court accepts a request for oral argument, an attorney may then be involved.  Rather than presenting a case, though, the attorney instead responds to a series of questions by a judge or panel of judges.  The other side does the same.  A trial attorney is often physically present for the trial, as well as during multiple motions made and hearings scheduled before the trial.  In this sense, it is more important that an appellate attorney be able to have strong written communication skills and an ability to think on his or her feet, as opposed to the charm that may make a successful trial attorney.

Another important distinction between trial and appellate cases is the type of information that is shared with the court.  In an appellate case, the court reviews the official record.  This in contrast to a trial attorney presenting evidence during the trial.  The appellate attorney does not present evidence like he or she does during the trial process.  Instead, the appellate attorney focuses on showing that the trial court made some type of error.  He or she cites to such errors that are part of the official record.

Whereas a trial court often includes a jury to decide the case, an appellate court’s decisions are only reached by a judge or panel of judges.