For spouses who have made the decision to divorce, the emotional toll placed on them and their children can be quite challenging. One of the most consequential matters that must be decided will be how both parents address raising their children once they have separated. Common parenting issues include visitation and custody arrangements, differing parenting styles, discipline, education and the introduction of new parental relationships. Navigating these issues either during the divorce process or in the months and years after can be daunting and not easily remedied. These issues often require careful management and, in some cases, professional support, to ensure that the best interests of the children are prioritized.

For individuals who find it impossible to resolve disputes regarding their children amongst themselves, or for those who cannot effectively co-parent and work together to ensure their children’s best interests are met, the appointment of a parenting coordinator may prove to be a helpful tool.

Parenting coordinators are neutral third parties, typically attorneys, appointed by the court to assist parents in implementing agreed upon or court-ordered parenting plans and navigate issues that arise in the day to day life of raising a child. The appointment of a parenting coordinator can prove to be especially important in high conflict scenarios when the disdain toward a former spouse may cloud each party’s ability to do what is best for their children.

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Co-parenting can be a challenging but rewarding journey for both parents and children. Whether you’re co-parenting after a divorce, separation, or just sharing the responsibility of raising a child, it’s essential to establish a healthy co-parenting relationship to ensure the well-being of your child.

Five Tips for Successful Co-Parenting: 

Communication is Key

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Divorcing parents of minor children are faced with many hard decisions that must be addressed while separating. These considerations include resolving custody, parenting time and support for their children, which are often much harder and more emotionally charged than the issues involving dividing assets and calculating financial support between spouses. When there’s a child with special needs in the family, there are additional decisions to be made surrounding their continued care, often well past the time that other children would be deemed to be emancipated, and the finances surrounding the support they’re receiving. Special needs children are best served when their parents fully address these issues during the divorce proceeding and are able to focus on the best interests of the children, and the divorcing parents are best served by attorneys who fully understand the issues and can offer practical solutions based on the specific circumstances.

Child Support

In any divorce involving children, the parties need to resolve custody, which involves both the legal and physical sharing of their children. In most cases, parties will agree or a court will order that the parties share joint legal custody of their children. Joint legal custody generally means joint decision making for all major decisions in a child’s life. These major decisions typically fall into three larger categories, which are the child’s: (1) health, (2) education, and (3) well being. For example, both parties would need to participate in the decision-making process and agree on whether the child will attend public or private school or whether the child will have their tonsils removed on a nonemergency basis. If parents are unable to agree on these decisions, they can enlist the help of attorneys, mediators or the court, who will help decide these issues with or for them. For parents of a child with special needs these decisions may involve the continuation of certain therapies or treatments or their continued care if they’re no longer able to reside at home.

Imagine you attended a mediation in a hotly contested matter which turns out to be a total waste of time because your adversary was late, unfamiliar with the file or unwilling to entertain settlement discussions. Is it permissible to tell the trial judge about your adversary’s failure to act in good faith? What if you are able to reach an agreement but one side later refuses to acknowledge that agreement? Is there any recourse?

Imagine you participate in a mediation which is unsuccessful. Your adversary files a motion wherein it is disclosed that your client was willing to waive alimony at mediation. You, of course, are furious at this misrepresentation because that is only part of the story. What has been omitted is that your client was only wiling to waive alimony in exchange for receiving 100% of the property in equitable distribution. How do you respond?

The General Rule

Be open and listen. The skill of opening the ears, putting down the phone, and actually listening is something that we all can work on…

Nicole A. Kobis, Esq., partner in Lindabury’s Divorce and Family Law Practice Group, discusses her thoughts on how to lead and succeed in today’s constantly evolving world as a featured guest on Lawline’s Lawyers Who Lead Podcast, with host Sigalle Barness.

Lindabury, McCormick, Estabrook & Cooper, P.C. is please to announce that 15 of the firm’s have been selected for inclusion in The Best Lawyers in America 2023.

  • Steven Backfisch was recognized as Best Lawyer in America for Litigation in Labor & Employment.
  • John R. Blasi was recognized as Best Lawyer in America for Trust & Estates.

We are proud to announce 4 of our attorneys have been selected to the 2022 New Jersey Super Lawyers® list, and 2 have been selected to the 2022 New Jersey Rising Stars® List. This recognition in The Super Lawyers© 2022 and Rising Stars® 2022 lists, identifies each attorney for their leading legal talent in their corresponding practice areas.

The following Lindabury attorneys were named as Super Lawyers honorees:

No one goes into a marriage expecting to be divorced, but when a family makes that tough decision, the last thing you want is for your children to be caught in the crossfire.

Nicole A. Kobis, Esq., partner in Lindabury’s Divorce and Family Law Practice Group, discusses the challenges of Divorce & Your Children as a featured guest on RVN Television’s Legal Breakdown, with host Erin Brueche.

Births, deaths, marriages and divorces reshape the definition of “family” for individuals on a constant basis. It’s no wonder, then, that family law and estate planning often go hand in hand. Estate planners and divorce attorneys alike are often presented with “what if” questions that span both areas of law. Here, we explore a few common questions clients may have when faced with these life transitions. The goal of this article, is to help clients make decisions that protect their loved ones and their assets.

Changing a Will

Can I change my will while getting divorced and should I? Although the last thing that many clients want to do once the divorce action has begun is to engage another attorney, it’s actually a good idea for them to review their estate plan this time.

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