CHILD PARENTING PLANS
We believe that divorce is not the end, rather a transition to a new beginning. We would be honored to help you and your family with the compassion and dignity you deserve.
Don't Litigate. Mediate TM
Stephen E. Felman - President
Child Parenting Plans
Sole Custody: refers to when one only one parent is able to make decisions without informing the other parent. These decisions include those pertaining to medical records, school reports, extracurricular activities.
Physical or Residential: refers to where a child resides the majority of the time; however, the child still spends and shares time with the non-residential parent. You may be awarded shared residences and the parents are allowed to define it in their own agreement.
Birds Nest: in this arrangement, the children remain in the former marital residence as the parents take turns at the household with the children while the other resides somewhere else for their agreed-upon time. This is often a temporary arrangement to ease the transition for the children and to meet the financial needs of the parents.
Shared Parenting Plan: this refers to parents having equal time with the children and takes many forms. This requires a definitive plan, but also offers everyone involved to see as much of each other as possible.
Child Parenting Plans
We'll help you and your spouse decide on one of several custody agreements. You can opt for sole legal custody, where one parent has all of the legal rights to the child, and can make decisions without informing the other.
You can also look at both physical custody, which determines where a child lives, or developing a shared parenting plan, which decides who gets the kids during what time periods.
Child Support
In WNY, both parents are financially obligated to support their children. Child support is typically set on a case by case basis, and is financial only.
The other types of support a parent may provide - emotional, intellectual, and physical care - are not touched on. Family mediation can help address this concerns.
Alimony and Spousal Maintenance
Judged on a case to case basis, it may be the legal responsibility of one spouse to provide financial support to the other. This is done to ensure an economic balance between the two parties, and avoid unfair financial ramifications during the divorce process. Note that alimony is usually at the discretion of the state court.
Separation
In a separation, the partners remain legally married. However, the legal agreement sets out the rights and responsibilities of each party. This may include (but is not limited to) child custody and support, property division, and spousal maintenance.
Uncontested Divorce
In an uncontested divorce, our divorce mediation services are responsible to help both parties reach an agreement before going to trial. An uncontested divorce can move quickly - and it costs much less than a divorce that goes to trial.
Distribution of Assets and Liabilities
During mediation, we will help you distribute both property and debt. Note that distribution in divorces that go to trial is rarely a 50/50 split, and it's difficult to predict what a state court may do.
Please contact SMART DIVORCE and we will help answer all your questions.
We will provide you with control over the divorce outcome and your future, all while avoiding costly litigation fees and keeping you out of court. As a neutral third party, our divorce mediator may not provide legal advice but instead guides a holistic, amicable approach to your divorce.
SMART DIVORCE NY LLC. Is not a law firm and does not provide legal advice or counsel. Each party has been encouraged to be fully advised by their respective counsel regarding the legal, financial, and practical effect of any agreement entered into.