Published on:

In my practice there are many cases where a co-parenting outcome is not appropriate. Behavioral issues, parenting deficits, or mental health issues require that the fit and healthy parent be awarded the primary custody of the minor children, for the children’s own developmental wellbeing. However, in some cases a co-parenting or shared parenting model is appropriate, and I have developed, in consultation with some excellent clinical co-parenting models, some very beneficial shared parenting agreements for parents.

From tiem to time, articles come along that discuss strategies for shared parenting, and Rosalind Sedacca, CCT, recently posted the following article:

” If you’re a parent, divorce doesn’t end your relationship with your former spouse. It only changes the form in some specific ways. It is still essential to create a working relationship focused on the optimum care and concern for your children. Every co-parenting relationship will be unique, affected by your post-divorce family dynamics. However, there are guidelines that will enhance the results for children in any family. Here are some crucial points to keep in mind to maximize your co-parenting success.

Published on:

My practice centers, in part, on complex custody litigation, sometimes involving psychological issues, addiction issues, domestic violence, and negative parenting behaviors. In some cases, I need to aggressively manage a custody case for my clients to ensure the optimum result for the client and the children. This may mean sole legal custody and restricted visitation for the other parent. In other cases, where the parents are loving, competent, and willing to cooperate, a shared parenting plan can really work out well. I have developed a number of shared parenting models that I can apply to specific family situations. While Illinois custody law does not support presumptive shared parenting (as other states do), if this is good for my client then I am going to be aggressive about creating an optimum shared parenting plan for my clients. Shared parenting can be advantageous for parents and kids, as well as challenging in some respects. The following article from a clinician discusses some of the reasons why:

” As a therapist and writer specializing in divorce, I’m often asked, “When does co-parenting get easier?” While there is no simple answer to this question, most experts probably agree that while families usually adapt to co-parenting over time, it never really gets easier. Most co-parenting arrangements, especially after an acrimonious split, can be exhausting and exasperating. Put simply, the challenges change as children grow and develop. Consequently, it’s key for parents to keep in mind that the tools necessary to succeed need to be modified considerably as children age and mature.

Clearly, research by child development experts demonstrates numerous benefits to children when their living arrangements enable support from both parents. One reason is that parents who co-parent tend to experience lower conflict than those who have sole custody arrangements. Studies show that conflict is what creates the most pain and anguish for children after parents’ split, and that keeping parental disagreements to a minimum is a key aspect of helping kids become resilient.

Published on:

Marriage and Family Therapist Holly Brown has written a spot on article about identifying and avoiding a long term relationship with a narcissist. If you are in a marriage with a narcissist, and need counsel as to how to end a marriage that is causing you and the children emotional suffering, contact our offices. Michael Roe is one of the country’s leading lawyer specialists on personality disorders and divorce. In the meantime, here are the signs of the narcissistic personality to be aware of:

How to Spot a Narcissist By Holly Brown, LMFT

A lot of people assume narcissists are easy to spot, that they talk obsessively about themselves, for example, or never seem to care what you have to say. Those are the obvious narcissists. This post is about the charming narcissists who can fly under the radar until you feel like you’re in too deep to get out.

Published on:

The article below highlights some of the issues and concerns that attach to a divorce after a lengthy marriage. Under Illinois law, retirement assets are divisible between the parties; there is a common practice that IRA’s, 401(k)s and pensions are to be valued as of the date of the divorce, and allocated between the divorcing spouses equitably.

A person’s retirement plan is a lifeline to the future. For many, it is their most important asset, even more emotionally valuable than a house or investment account. With this in mind, it is critical that the identification, valuation, and allocation of all marital assets in a divorce be accomplished properly. Law Offices of Michael Roe has on many occasions, with higher asset estates, worked with skilled and cost effective Divorce Financial Planners to effectuate an allocation model that can be submitted to the court. A properly presented plan that is beneficial to our client can often drive the resolution of the case in the right direction. The article states:

AFTER enduring a divorce four years ago, Mike Miller’s vision for a golden retirement got an unexpected makeover. Mr. Miller had been married for more than 30 years, and now he was single. His longtime dream of a shared retirement was shattered. He was also facing another unwelcome outcome: living in a smaller home and taking fewer vacations.

Published on:

Studies confirm that women can suffer economically much more, over time, than men after divorce. You may be receiving child support and spousal support (maintenance), or a combination of the two called in Illinois “unallocated support,” but maintenance is sometimes periodic and reviewable, and you likely cannot rely solely on both these income sources to sustain you and your children. Men that have careers tend to, over time, increase their incomes and save more for future years, while women tend to struggle to maintain an adequate financial roof over their heads over time. Because Illinois’ Supreme Court put a premium on forcing courts to “break all entanglements” after divorce, this has lead some judges to terminate spousal support after but a few years post divorce. At that point, the woman is on her own, financially, in the world. Being mindful of this fact, and preparing for it, is important.

If you are working part-time, see about converting to full-time if your child care needs can be met appropriately and economically. If you need to, update your credentials at a local university or community college. Other suggestions include:

-Positions with work hours during school hours

Published on:

Many complex divorce and custody cases involve mediation sessions, appointments with custody evaluators and guardians ad litem, along with stressful court hearings. Sometimes neglected in the process of divorce is consideration for how the children in the family are faring while the divorce is being processed. In my practice, I want my clients to be actively attentive to the emotional and psychological needs and changes that appear in the children, and to be responsive to those needs and changes. Sometimes a good clinician, such as a counselor or therapist, can be very beneficial for children in divorce; if the kids can weather the divorce well, the family as a whole has a better outcome.

So, what kinds of behaviors or appearances should a parent be looking for in their child? Rosalind Sedacca, CCT, has just written on this issue and her checklist is very useful. Check to see if:

children-of-divorce.jpg
1. They look, behave and talk as they always have.

Published on:

Most people have a general sense of what a narcissistic personality is. We meet these types of people in everyday life, from neighbors, to co-workers, to relatives. However, when narcissistic personalities are involved in divorce and custody cases, I often see a toxicity, a malignancy, to these personality types that affects their ability to function as parents, to function under the stress of litigation, and to function without being abusive or toxic to the other spouse. Narcissists can make false allegations, act as parental alienators with children, and take positions in a divorce case that defy fact and logic. My job as an attorney in these cases is to assess the level of dysfunction, and manage the case appropriately so that my clients and the children, are protected.

So, what are narcissists? Melissa Schenker is a writer and consultant that offers some general background on narcissists. Melissa is the author of “Sweet Relief From the Everyday Narcissist.”

Have you heard someone be accused of being a narcissist, but realized that you don’t really know what that means? You know it’s negative. You may think that it probably means someone is egotistical, or self-absorbed. But how do you really know if someone is a narcissist?

Published on:

One of the benefits of practicing Divorce and Custody Law is the opportunity to try cases that involve complex issues, the valuation of a spouse’s business interest in a closely held business being one of those complex issues. Along with my work through the years in the areas of psychology, family systems and custody law, I have utilized my experience from MBA school and working in and with businesses to develop skills in managing business and financial issues in divorce litigation.

assets%20thumb.php.jpgLaw Offices of Michael F. Roe has maintained strong relationships with some highly competent Business Valuation experts, that work as consulting and testifying experts in valuation cases. These experts are skilled at assembling the correct financials, and employing valuation protocols that are generally accepted in the business valuation industry. The goal of the use of such an expert is to provide the trial court with an expert opinion as to the appropriate value of the client’s company or shares as of the time of the divorce trial.

Just as important as having a good expert in a case is the ability of the trial lawyer to cross examine the other spouse’s expert (if there is one) as to that expert’s valuation opinions. In that sense, it is my job as a divorce trial lawyer to become as expert in that business valuation approach as the experts I am working with. My goal: optimizing my client’s outcome.

Published on:

CPA Ginita Wall has some sound advice for strategies for separating out the emotion in a divorce from the financial outcomes. Attorney Michael Roe has seen, from years in practice interfacing with judges in cases with complex financial issues, that judges are more interested in well managed facts, organized information, and persuasive arguments supported by case law in favor of my client’s positions on allocating cash flows and the marital estate. In other words, strong emotions and allegations of fault play no role in how judges decide the financial aspects of a case. Ms. Wall discusses well, below, some of the advantages in a collaborative process with financial issues in divorce.

” Five Tips for Separating Emotions from Economics in Divorce”

In divorce it is important to focus on the real problems to come up with real solutions. If spouses are at war, they are likely to see each other as the problem and the divorce as the solution. But they won’t get to true resolution until they recognize that simply isn’t true. The real problem is how to divvy everything up in divorce, and divorcing spouses won’t arrive at the best solution for their family until they collaborate on resolving their issues by working together, not against each other.

Published on:

I was pleased to have been invited by one of our area’s most competent child custody evaluators to attend the recent “Forensic Forum” in Chicago. Forensic Forum is an invitation-only association that brings together child custody experts in the form of evaluators, judges, guardians ad litem, and custody attorneys. The subject for the meeting was Parental Alienation, and two experienced Cook County judges spoke about their experiences in dealing with Parental Alienation in divorce and custody cases.

How are forensics used in custody cases? Child custody evaluators must employ methods of assembling forensic data including but not limited to: (1) interviews of the parents and children; (2) interviews of those relatives, friends, therapists, teachers, et al., involved with the children determined to be of relevance to the case by the evaluator; (3)Interviews of those collateral witnesses involved with the children determined to be of relevance to the case by the parties; (4) review and assessment of all relevant past and present medical, psychological, and other relevant records; (5) the use of standardized measures of behavioral health, including psychometric tests, structured measures of children’s perceptions of their parents given under standardized and non contaminating conditions; (6) the use of standard measures of psychological health, personality, and parenting capability; (7) close consultation with other experts as conditions dictate; (8) the careful assessment of substance abuse possibilities through all appropriate means including drug testing; (9) the use of all relevant and useful screening measures, where there are allegations of domestic violence, including assessment of police reports, review of CPS reports and determinations; review of hospital and medical records; and careful interviewing of involved mental health professionals; (10) the use of all relevant and useful screening measures, where there are allegations of child sexual abuse, including assessment of police reports, review of CPS reports and determinations; review of hospital and medical records; careful interviewing of involved mental health professionals; and where appropriate, the use of such measures as the Abel Assessment for Sexual Interest.

It is through collaboration between custody evaluators, judges, and attorneys that a community of experts develops to more appropriately manage difficult issues in custody cases such as Parental Alienation, Child Abuse, and other forms of pathology that directly impact the developmental well being of children. Law Offices of Michael F Roe is pleased to be a part of this community.

Contact Information