Divorce can have a profound effect on children. And children do not really have a say in whether their parents stay together. Obviously, having children gives parents an enormous incentive to work things out. But in the end, the decision to keep the family together or split it up rests with the parents.
Health scientists and social scientists want to know exactly how divorce affects children. Let’s look at a pair of recent studies on the consequences of divorce and then discuss how those ill-effects might be mitigated or avoided altogether.
The first study showed that children of divorced parents may be at greater risk of health problems. Researchers at the University College of London studied the blood of 7,462 people age 44. They found that the subjects whose parents had divorced before they reached age 16 showed elevated levels of a protein that is associated with increased risk of adult-onset diabetes and heart disease.
Dr. Rebecca Lacey, who led the study, said that it is not necessarily the divorce itself that causes the physiological changes, but rather the socioeconomic hardships that often accompany divorce when compared to two-parent households. For instance, children of divorced parents can face greater economic challenges and more limited educational opportunities.
The second study indicated that children of divorced parents regard their relationships with their parents as less strong than other children. Researchers at the University of Illinois at Urbana-Champaign surveyed 7,335 men and women averaging 24 years old. Those from divorced families less often saw their current relationship with their parents as “secure.” The effect was more pronounced in those whose parents divorced before they reached age 5.
If you think a divorce may be in your future, studies like this can be disheartening because you feel conflicted about what is best for your children and yourself. But not every divorce or troubled relationship or child is the same.
If divorce is inevitable, at the very least, it can be peaceful. “Collaborative divorce” is a process by which couples agree from the outset to cooperate and negotiate toward a solution that is satisfactory to both parties and their children. They agree not to litigate against each other. The process is not only often faster and less expensive than litigious divorce, but also far less emotionally draining.
Many couples with prenuptial agreements find that they give a certain peace of mind and help them avoid fights. If you are considering divorce, it is too late for a prenuptial agreement, of course, but not for a postnuptial agreement. “Postnups” are just like prenups, but for couples already married. Sometimes it can help prevent conflict to have a written agreement in place, and if a divorce still comes to pass, the outcome is largely prenegotiated and the process can be relatively quick and painless.
Notice one thing both the studies mentioned have in common: the negative effects of divorce on children are worse for younger children. No divorce at all gives kids the best chance, but if divorce must happen, later is better than sooner. If you and your partner can stay amicable and on the same team for the sake of your child – even for just a couple more years – the benefits can be significant. Couples therapy can go a long way to help you make this happen.
Remember, when a divorce is finalized, you can still give your children enormous advantage by actively maintaining healthy, happy relationships – both with your children and your ex. Children who see their parents maintain civility and cooperation and keep close ties with both of them will fare far better than those who do not.
Joshua Law is a divorce lawyer in Brandon and Tampa with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Studies Show Divorce’s Ill Effects on Children, but Those Risks Can Be Mitigated first appeared on SEONewsWire.net.]]>Governmental bodies, of course, purport to have the best interests of those children at heart. But parents – the most important advocates a child can have – are often excluded from court proceedings if they are involved in immigration disputes. These are the proceedings in which parental rights and the child’s future are decided: at least 5000 children nationwide are in foster care because their parents have been detained or deported.
In recent sessions of Congress, lawmakers introduced a bill called the Humane Enforcement and Legal Protections (HELP) for Separated Children Act. The bill ensures a number of crucial protections for children of immigrants that find themselves embroiled in legal actions.
The bill would:
The legislation did not pass when it was introduced in previous sessions as a stand-alone bill. However, U.S. Sen. Al Franken (D-Minn.) succeeded in adding the bill as an amendment to an immigration reform measure that appears to have quite a bit of momentum behind it. That bill was recently passed by the Senate Judiciary Committee on a 13-5 vote. It would provide most undocumented immigrants in the United States a pathway to citizenship, reform border security, and implement new worker visa rules. And thanks to Sen. Franken, it includes vital protections for vulnerable children who are adversely affected through no fault of their own.
Franken introduced a second amendment that the committee also voted to add to the bill. It would reassign the responsibility to provide lawyers and other advocates to unaccompanied children. That responsibility currently lies with Health and Human Services, but Franken’s amendment would put it in the hands of the Justice Department, which Franken says is better equipped to handle it. According to a press release from the Senator’s office, “as recently as 2012, half of the unaccompanied children who arrived in the country were forced to represent themselves in immigration court.”
Joshua Law is a divorce attorney and Brandon family law lawyer with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post Child Protections Added to Immigration Reform Bill first appeared on SEONewsWire.net.]]>When an ex-spouse with shared custody wishes to move a significant distance, therefore, he or she must obtain proper permission in order not to violate the custody agreement. Florida statutes refer to such a move as a “relocation.” A relocation is a change of one’s principal residence to a new location at least 50 miles from the current location for a period not less than 60 consecutive days.
The first step is for the ex-spouses to try to come to a relocation agreement. If they are able to do so, they sign a written agreement that states consent to the relocation, establishes a new time-sharing schedule, and describes any necessary transportation arrangements. After signing the agreement, the couple request a court order ratifying the agreement. The court will usually presume the relocation to be in the best interests of the child and ratify the agreement without a hearing of evidence.
If the couple cannot come to an agreement, the parent wishing to relocate must petition the court. The petition must include the location of the proposed new residence, the intended date of relocation, a statement detailing the reasons for the relocation, a proposal for a revised custody sharing schedule, and specific legal language indicating that if the counterparty objects, he or she must notify the court within 20 days. The relocating parent must serve the other party with a copy of the petition.
If the other party objects to the move, then permission for the relocation must be determined in court at a hearing or trial. There is no presumption for or against the relocation. The court must evaluate the following factors:
After considering all these factors, the court will grant or deny the petition to relocate.
Joshua Law is a divorce lawyer in Brandon and Tampa with the Osenton Law Offices, P.A. To learn more, visit http://www.brandonlawoffice.com/
The post How to Relocate with a Shared-Custody Child first appeared on SEONewsWire.net.]]>