Headquarters
|
DIVORCE HEADQUARTERS NEWSLETTER Issue #17, NOVEMBER 2001 From a fifth grader in Tampa Florida - "Being thankful can make your soul peaceful." The time during a divorce can be very turbulent. It's not always easy to find time to be thankful. I suggest we take this young students advice. Find something to be thankful of and you will feel the peace. Know someone else going through the process? If you think they could benefit from this newsletter feel free to pass it on in it's entirety to them. Don't forget to mention DivorceHQ.com when contacting the divorce professionals listed on the site. In this Issue:
1. Children of Divorce Need Additional Support During the Holidays According to a PRNewswire release dated November 20, children of divorce often dread the holiday season. While other children are anticipating the holidays, children of divorce are often left to worry about being shuttled back and forth between their parents. Add to that visits with extended families on both sides and you can see why it can be a stressful time for the children. Former president of the American Academy of Matrimonial Lawyers, Mike McCurley of McCurley, Kisner, McCurley & Nelson says "Whether divorced parents agree on anything else the rest of the year, they should take great care to find common ground when it comes to offering emotional support and in nurturing their children over the next month" He suggest following a few guidelines when it comes to the holidays such as:
The following is an excerpt from an article submitted by one of our professional members. For full text of all articles visit http://Divorcehq.com/articles.html 2. Who Gets the Children When I Die? by Steven J. Scheinin, Esquire The most important reason to prepare a Last Will & Testament, particularly for young couples, is the peace of mind of knowing that your children will be brought up by people you designate. In the normal situation the guardianship of your children will not be determined until the death of the second parent. If your spouse is alive at the time of your death, then obviously, your spouse will raise your children. Should you and your spouse die together, or should your spouse predecease you, and then you die, a guardian must be appointed for your children. There are two types of guardianship, one for the person who will raise your children, and the second for a Trustee of the money you leave your children. Although they might be the same person, it is not required. In estates with large amounts of money, a bank might be a Trustee or Co-Trustee to insure that the money is spent only for the care of your children. In the situation where both parents are deceased, the ultimate decision of guardianship is made by the Circuit Court of the County in which the children reside at the time of your death. Children aren't property. You can't pass on their custody to anyone. You can only recommend that the Court appoint the guardian you prefer. You have input into the Court's decision through your Last Will and Testament. The court will normally give first consideration to those people you name in your Last Will and Testament as guardian of your children. In cases of divorced parents, should the custodial parent die, then the surviving natural parent, with or without your consent, will normally be granted guardianship of the children of the parties. It is a rare situation where the Court will appoint a guardian other than a natural parent who is still alive. The same is true in cases of divorced parents where the custodial parent has remarried and then subsequently dies. Unless the step-parent has adopted the child, the Court will normally give first consideration to the natural parent. In this situation, appointing a separate guardian of the money of the child is advisable. It is essential that a Lawyer be consulted when preparing a Last will and Testament, particularly if you desire someone other than your ex-spouse to be guardian. ABOUT THE AUTHOR Steven J. Scheinin is a Maryland attorney with over 25 years experience. He is listed in Who's Who in American Law. 3. HUMOR "I think men who have a pierced ear are better prepared for marriage. They've experienced pain and bought jewelry." Rita Rudner |
THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY
Do not take any actions based upon the information contained within this web site without first consulting an attorney or an appropriate professional depending upon the content of the information.
Developed and created by
JT Spaulding Associates