Posts Tagged ‘Separation’

ten ways to make divorce or separation easier on children

Friday, July 22nd, 2011

I read a post from the South Carolina Family Law Blog about ways to make divorce or separation easier on children.  I’d like to share that with you (modified a bit with my personal observations).  There is no way that the children will not be impacted negatively by divorce or separation, however there are things that you can do to minimize the trauma:

  1. Do not discuss the divorce with your children, regardless of their age. This includes discussions within ear shot of your children.  Guaranteed that any information discussed, and overheard by your children, will make your children feel guilty or sad.
  2. Do not use your children as messengers. Communicate with the other parent like an adult.  If the other parent is acting like a child then communicate through official procedures that can be tracked (i.e. certified mail, hand delivered items through a deliver company, etc…).  There are many other ways to communicate than through your children.  Again, if you are doing this, you are devastating your children, whether they show it or not.
  3. Never speak poorly about the other parent. If you need to vent, do it when the children are no where around.  Otherwise, speak positively about the other parent in front of the child and remind them that the other parent loves them very much.  No matter how painful that might be for you, you are an adult, suck it up.  You don’t like going to the dentist, but you do it (I hope).  Which is more important, your teeth cleaning or your children?  As Nike says – “Just Do It”.  Bottom line, if you draw a line in the sand and force the child to choose sides, it may not be your side.
  4. Never speak poorly about the other parent’s new partner. Think of how much time that person will be spending with your child.  Do you want them on your side or against you?  You may not be able to control how they feel about you, but if they are the negative person and you are supportive of their position, who do you think your child will side with?  Be the bigger person.
  5. Don’t hide. Alert your children’s teachers, counselors, daycare providers and coaches that your child may be experiencing a difficult time. They can keep you up-to-date on how your child is feeling. People may work to keep your child upbeat and positive if they know he or she is troubled about a separated family.
  6. Don’t write scandalous or disparaging declarations about the other parent, their partner or any of their family members in your legal proceeding. The urge to write something mean is temporary, while declarations filed with the Court become public record. Consider that when your child turns 18 years old, he or she may go to the courthouse to read the file.  This is a GREAT point.  They will get curious someday and go look at that file.  What do you want them to hear you saying?
  7. Both parents should be independently responsible for their child’s health, welfare, safety and happiness. Make sure you have everything they need at your house. Don’t rely on the other parent to provide diapers, clothing or toys. Your child should ideally have almost everything at both homes.  Additionally, if your child brings something from the other house, send it back.  Again, you are an adult.  Act like it.
  8. Consistency is your child’s source of stability during this emotional time. Do not disrupt your child’s routine by removing them from any activities that make them happy.  Don’t discuss the financial costs of such activities with your child.  Include the other parent in activities of the child.  I can assure you that the best day your child will have post separation or divorce is when they both attend an event for the child and they are cordial.  Don’t you want to make your child happy?
  9. Don’t be ashamed to ask for help. You may have less income than ever before because you are paying child support or relying on the other parent’s income for support, but your children’s needs come first. You should not be embarrassed or too proud to request financial aid during this time. Try to keep life as normal as possible for your child, within your new means.
  10. Don’t give up! You are your child’s role model. As hard as it may be, stay focused. Your moods affect your child’s moods and behaviors. Children mimic their parents. You do not want your child to be sad, angry or resentful. If you dwell on the negative issues, then you are setting your child up for failure.

I read these in the post linked above, but the original article came from Alameda Family Law Attorney Tells Parents How They Can Make Divorce Easier on Their Kids by Gina Mariani.

is it legal to record telephone conversations or intercept emails?

Monday, January 10th, 2011

A very common question in my practice is whether it is legal for a person to record telephone conversations or intercept emails from their spouse in a divorce.  As with most other areas of law, there are no hard and fast answers to every factual scenario only general guidelines.  I will start by addressing the recording of telephone conversations.

In Texas you can record a telephone conversation as long as one of the parties on the line knows they are being recorded.  That means you can record your conversation with your spouse because you know that you are being recorded.  You cannot record telephone conversations between two people if they do not know they are being recorded.  For instance, you cannot record your spouse’s conversation with their lover or sister or whatever.  That is wiretapping and can get you into some serious criminal trouble.

The next question that typically arises is whether you can record your wife or husband’s telephone conversation with your child? The general answer is yes.  Since a child is not old enough to consent to being recorded, the parent can consent for them.  If the parent consents to recording the conversation between the child and the other parent, then at least one party on the line knows they are being recorded.

As I stated above, however, these are general guidelines as every case is factually different.  You should always consult with a lawyer before embarking on a telephone recording campaign.  Factors such as phone calls to other states or out of the country could take this to a whole new level.  Be careful.  What is legal in Texas may not be legal in Arizona and if you are recording a conversation between a phone in Texas and a phone in Arizona you could open yourself up to criminal liability in Arizona.

The next topic is whether it is legal to intercept emails from your spouse.  Obviously you are not a party to the emails, otherwise you would have a copy.  This situation arises when you are snooping through your spouse’s email account.  Things get a little more dicey here.  It usually boils down to the spouse’s expectation of privacy and the availability of the email program and passwords, meaning was it a computer that everyone had access to in the house, was the password readily available, etc… No expectation of privacy then they become fair game, or do they?  There is a case out of Michigan where a husband was checking his wife’s gmail account from their home computer and she kept her passwords right next to the computer.  Did she have any expectation of privacy? Doesn’t sound like it.  However, that did not stop the District Attorney’s office from filing charges on him.  You can read more about this case in this MSNBC article.  What if you set up the spouse’s email software to forward you all emails they receive?  You may want to read this case on arstechnica.com.  What about key tracking software that sends a report of what was typed?  There is no easy answer to these questions.

Is it legal to record telephone conversations?  Sometimes.   Is it legal to intercept emails?  Maybe.  Consult a lawyer and be careful.  That is the best advise I can give.

divorce and facebook

Wednesday, June 2nd, 2010

I posted an article on this blog some time ago about separating in Texas and online considerations.  There is a new article on CNN.com that revisits this issue entitled Divorce attorneys catching cheaters on Facebook.  We all know people who are separated and getting a divorce, or someone in the midst of a custody battle and who have social networking profiles.  As a divorce attorney there is a wealth of information from these sources.  I have case after case with client’s sending me Facebook pages depicting their spouse in a negative light.

In addition to an endless source of information, sites like Facebook have opened the door to those old flames from high school or college and provide the catalyst needed to cheat.

The common response to protecting yourself from the ex-spouse is to “unfriend” them.  I am no Facebook expert, but simply unfriending them is not enough.  Facebook allows friends and friends of friends to link up in an endless chain of contacts.  Have you ever looked at the “suggested friends” list on the side panel?  Ever wondered how on earth they find the people listed?  I do.  It is unbelievable how powerful these systems are.

The point is, linking with one of the friends or the friend of a friend of an ex may be enough to land you in a nasty divorce or other lawsuit.  Don’t try to trick the system, keep your private information private.

I am not condoning cheating, or any other type of behavior, but I am saying that you need to be aware of your privacy in an increasingly electronic world.  People are watching you whether you think they are or not.  As discussed in the CNN article, websites such as flowtown.com are being used to monitor your every action.  If that doesn’t work, there is a new private investigator out there.  The electronic PI.