Patricia Ronayne, Esquire, P.C.Patricia Ronayne, Esquire, P.C.2024-02-29T19:53:40Zhttps://www.ronayneesquire.com/feed/atom/WordPress/wp-content/uploads/sites/1302504/2022/01/cropped-favicon-holder-royane-1-32x32.jpgOn Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=487012024-02-29T19:53:40Z2024-02-29T19:53:40ZWhat is mental health?
First, let’s talk about mental health. Mental health is all about how we think, feel and act. This includes our emotions, thoughts, behaviors and how well we control our thoughts and emotions.
One of every five Americans lives with a mental health condition. That is many people, so the courts understand this and deal with it in cases all the time. However, that does not mean they ignore it.
Impact on the court’s decision
When a parent asks if their mental health status or condition will affect the court’s decision on child custody, the answer is: it depends.
When the court finds out that parental mental health is one issue, it will consider it one factor among many when deciding who the child should live with. The court will look at:
The parent’s ability to parent their child
The child’s safety
Any history of abuse or neglect
Any allegations of abuse or neglect by credible sources
The child’s stability
The child’s health and happiness
Essentially, the court is tasked with ensuring that the child is in the safest place and cared for by the most capable person. Whether that is the parent who has the condition or the other parent, or both, depends on each individual case.
Let’s say a parent has had depression for most of their life and they take medication and attend therapy. They have been under treatment for many years and are grateful for the help from their doctor. They have been cooperative in seeking help and using resources given to them.
In such a case, the factor of mental illness may be much less important than, say, in a case where the parent is a raging alcoholic who denies their condition, contrary to clear evidence presented to the court, including the child’s testimony, if the child is mature enough to speak and communicate with the judge.
Bottom line
Mental health matters are a sensitive topic for parents going through a divorce because there is a lot of uncertainty around custody when the court is evaluating all factors.
It is understandable to be anxious and stressed during this time. However, remember that the court is not out to hurt you or take your child away. The court simply wants to do what is best for your child.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486952023-12-12T01:00:35Z2023-12-12T01:00:35ZClear communication is key
In the U.S., 689,308 couples faced divorce in 2021, and in many cases, poor communication contributed to the division of these families. However, effective communication is the cornerstone of successful co-parenting. Ensure that you and your co-parent have an open line of communication. Keep each other informed about your child's activities, achievements and any concerns that may arise. Regular updates can help both parents stay involved in the child's life and make informed decisions together.
Also, avoid using your child as a mediator or messenger between parents. Encourage open communication with your child but refrain from burdening them with adult issues.
Consistency in rules and routines
Try to maintain consistent rules and routines across both households. This can provide a sense of stability for your child, making it easier for them to adapt to different living situations. Discuss and agree on fundamental rules to avoid confusion and conflict.
However, understand that life is unpredictable. Be willing to adjust schedules or plans when necessary. A flexible attitude can help foster a cooperative co-parenting relationship and contribute to a healthier environment for your child.
Respect each other's boundaries
Respect each other's boundaries to create a harmonious co-parenting dynamic. Recognize that both parents have their own lives. Avoid prying into personal matters to create an atmosphere of trust and mutual respect.
Always keep your child's best interests at the forefront. Make decisions based on what will benefit your child, both emotionally and physically.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486932023-09-07T01:10:07Z2023-09-07T01:10:07ZLosing passport privileges
The government has the authority to deny a passport in order to enforce child support obligations and ensure that parents fulfill their financial responsibilities towards their children. In fact, the Department of State reports that parents lose U.S. passport eligibility when child support arrears reach $2,500.
Passport denial encourages parents to stay current on child support. By denying a passport, it puts pressure on the parent to take the necessary steps to resolve this debt. It also helps protect the best interests of the child by ensuring that they receive the support they need.
Resolving unpaid child support
If you find yourself facing passport denial as a result of child support, there are steps you can take to address the situation. First, it is important to communicate with the appropriate child support agency. They can provide information on the amount owed and help you create a plan to catch up on your payments.
It is important to make regular and timely payments to avoid further consequences. Also, look into the possibility of modifying your child support order if your financial situation has changed.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486832023-06-06T00:16:03Z2023-06-06T00:16:03ZFinancial burden and long-term expenses
One significant reason why keeping the house in a divorce may not be advisable is the financial burden it can impose. Homeownership comes with various expenses, including mortgage payments, property taxes, insurance, maintenance and repairs.
Assuming full responsibility for these costs can strain one's financial resources, especially if the other spouse was contributing to the household income.
Unequal asset distribution
The value of the house may be substantial, potentially resulting in an uneven division of property. This can create complications and may require additional negotiations or adjustments to ensure a fair settlement. It is important to consider the overall division of assets and the impact of keeping the house on achieving an equitable distribution.
Lifestyle and emotional considerations
While emotional attachment to the family home is understandable, it is essential to evaluate whether keeping the house aligns with one's lifestyle and future plans. The house may no longer suit the individual's needs or financial situation post-divorce.
You should weigh considerations such as proximity to work, social support systems and the ability to maintain the property's upkeep against sentimental value.
Opportunity for a fresh start
Choosing to let go of the family home can symbolize embracing a new chapter and moving forward. By selling the house or agreeing to a different arrangement, individuals can allocate their resources towards new goals, such as financial stability, career advancement or exploring new living arrangements. This shift in perspective can provide a sense of freedom and empower individuals to rebuild their lives on their own terms.
While the idea of keeping the house in a divorce may be appealing, one must consider the potential drawbacks and implications of this decision. Ultimately, prioritizing personal and financial stability during this transition is key to forging a positive path forward.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486822023-03-23T15:28:13Z2023-03-23T15:28:13Ztake the form of the following:
Children
The innocent victims of divorce are kids. Most parents concern themselves with the notion that they are doing irreparable damage to their offspring and fear alienating them. How will they cope? How will they deal with classmates and close friends who find out about the separation? Parents wonder if they’ll take sides against them, amping up the contentious atmosphere. They worry about the reduced time that they have with them. Annual celebrations will never be the same.
Financial health
One household becomes two when divorce occurs. Fears of the unknown, mainly financial insecurity, take over, starting with the cost of ending a marriage. A spouse may feel that hard work that resulted in a beautiful home or successful business now puts that success in danger. The stay-at-home spouse taking care of children may now have to find a job, taking away time with their kids.
Identity crises
While divorce rates remain within forty to fifty percent, most, if not all, of the circle of friends may still be married. Being the “odd one out” is never a good position to be in. Some may point fingers, placing blame on a now-former friend. Others who believe that marriage is forever could cut off a longtime friend, claiming they should have tried harder to stay in the union.
While emotions run high, divorce still requires specific legal steps free of the drama surrounding your current situation. Having an attorney at your side, looking out for your best interests, is a vital alliance to secure your future.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486802022-12-06T18:15:21Z2022-12-06T18:15:21ZNew Jersey Courts, it is important to ensure that you are not agreeing to any one-sided compromises that favor the other party more than yourself.
Your rights
Regardless of who the custodial parent is in your custody arrangement, you have the right to spend a fair amount of time with your child. Do not let your co-parent bully you into an unfavorable dynamic when it clearly does not serve your child's best interests.
Your schedule
It is likely that both parents will have to make changes to their daily lives, routines and schedules to accommodate a fair and equal parenting time arrangement. If it seems as if you are the only one compromising on your schedule, however, you should advocate for a more balanced parenting plan.
Your child's happiness
Too many parents make the mistake of prioritizing their own needs or trying to "win" the custodial "battle." Your child's best interests should be the main concern that both you and your co-parent focus on the most, so avoid making an arrangement that might make your child uncomfortable or unhappy.
Contrary to the name, a parenting plan is not all about the parents. It is about accounting for the needs of the child while also keeping things fair for the whole family.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486612022-09-06T18:35:38Z2022-09-06T18:35:38Zfavors joint physical custody, but is it ever successful? It can be very successful.
Key factors that make shared physical custody work
You and your ex are off to a good start if you agree that joint physical custody is the best arrangement for your children. Other key factors to successfully shared custody are:
You and your ex live near one another
You both desire to maintain close and involved relationships with the children
You are both committed to cooperation and joint decision-making
You can both nurture a positive relationship between the children and your ex, setting aside personal feelings
Though New Jersey prefers joint custody arrangements, the court's priority is the children's best interest.
How to set up for ongoing success
Establishing and agreeing on a schedule and how to handle holidays and vacations is critical. You and your ex should develop a co-parenting plan that is as detailed as possible, including steps for resolving differences and making changes to the plan. It does not hurt to revisit it regularly to evaluate what works and what does not.
Going through a divorce is an emotional time for everyone. However, if you and your ex believe shared custody is the best choice for your children, you can take steps to make it work well.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486602022-06-02T20:09:57Z2022-06-02T20:09:57Zparental responsibilities. When that is not possible, the courts may make the final decision.
1. Ex-spouses have to communicate if they share legal custody
Legal custody is the responsibility of making decisions regarding children's health, education, religion and financial security. The courts encourage parents to share this duty, which means divorced couples must continue communicating and negotiating until their children reach adulthood. If parents disagree on specific issues, they may turn to the courts for assistance.
2. Children may have input in parenting time arrangements
When children reach age 12, a judge can consider their opinion regarding custody. This does not mean that the children make the final decision, though, as a judge still decides the final arrangement.
3. New Jersey encourages equal parental rights
While the children's best interests are the priority of New Jersey courts, judges encourage parents to share physical and legal custody equally. The only time this may not happen is when one parent is not capable of providing care. If a parent has a history of drug use, alcohol abuse, or domestic violence or has not previously contributed to the children's lives, the courts may consider the parent unfit for custody.
Understanding how courts decide child custody may encourage divorcing couples to work together to reach an acceptable arrangement.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=486592022-03-05T21:15:17Z2022-03-05T21:15:17Zhigh-asset divorce may require a bit more preparation and understanding.
Learn about different asset classes
Most couples have both community and separate property. Separate assets are those that you brought into the marriage. These are typically exempt from property division.
Community, or marital, assets are those that you and your spouse acquired during your marriage. Even if you are the primary breadwinner and purchased these assets with your income, the judge will typically pursue equitable distribution.
List all assets
It is against the law to hide assets from the property division process. Therefore, list everything in your paperwork, including your physical property and financial investments. If you want specific marital assets, negotiate for them instead of hiding them.
Investigate the division process
Judges divide marital assets based on marriage length, property value, debt, written agreements and expected future costs. If your former spouse depends on you economically, expect to compromise.
Pursue an amicable relationship
You can accelerate your divorce by maintaining an amicable, trusting relationship with your former spouse. Your negotiation process may also be smoother because you should be able to reason with your opposition.
Build creative settlement solutions
Look for creative settlement options and maintain flexibility during negotiations. For example, you can ask for ownership of a business you started during your marriage and offer stock options or other investments in return.
If you have significant community assets, seek your desired outcome by understanding the process and working with your former spouse.]]>On Behalf of Patricia Ronayne, Esquire, P.C.https://www.ronayneesquire.com/?p=484942021-12-12T21:22:37Z2021-12-12T21:22:37Zunbelievably expensive. Still, a growing number of divorcing Americans are choosing an alternative to divorce litigation. That alternative, divorce mediation, is often considerably less expensive than litigation.
Fewer professionals
Lawyers may spend hundreds of hours preparing for trial. Even if your attorney has reasonable rates, you may rack up thousands of dollars in legal bills. While it is advisable to have legal counsel for mediation, fewer professionals usually translate to immediate cash savings for you.
Faster processes
Family court dockets are often full, regularly making divorces drag on for months or longer. With mediation, you and your spouse work with an experienced mediator to reach common ground. Mediators tend not to be as busy as lawyers and judges, meaning your divorce may conclude both swiftly and cost-effectively.
More opportunities
During divorce litigation, it can be tempting to be petty. Because mediation is non-adversarial, you and your husband or wife may be able to avoid nasty arguments. That is, you have the opportunity to work collaboratively to find solutions to divorce-related issues. If you can agree, you may save a considerable amount of money.
While divorce mediation is not the right approach for every couple, you may want to give it a try. Ultimately, if mediation works, you are likely to have more money to start the next chapter of your life.]]>