How does divorce impact children

Is My Divorce Going to Destroy My Children?

,

Is My Divorce Going to Destroy My Children?

When considering the idea of pursuing a divorce, certainly the question of how it will affect the children arises. Is the divorce going to destroy the children? In a word, no. But, that is not to say that divorce does not provide an impact to children at any age.

One perspective is that parents of infants or young toddlers may have an advantage over older children because the children are too young to understand a change is happening. In reality, babies require a different set of considerations when it comes to divorce.  For instance, more frequent, short visits are better for parenting time with an infant or young toddler. Overnight visits may be more of a hindrance than beneficial. Not to mention, as soon as object permanence has developed, babies notice when mom or dad is not around. And while they may notice something has changed, they lack the ability to verbalize that it’s bothering them.

How does divorce impact children

For parents of school aged children, divorce can have a negative impact on behavior at both home and school. School is frequently the environment where children display the distress that comes with divorce.  These children typically have a sense that they have no control in the situation that their family is going through. They often display this lack of control by acting out in aggression, regression, withdraw, and defiance. In addition, these kids have the mental wherewithal to understand that one or both of their parents have made the choice to no longer live together as a family.  That can leave kids with fears of abandonment and self blame.

What can you do? As with most scenarios, the best way to soften the blow of divorce at any age is to be sensitive to your child and their needs. They need security, they need continuity, they need routine, and they need their parents to be kind to each other in their presence.

 

 

How can I get custody of my children?

At the Mario J. Zappia Law Office, during consultations for divorce and paternity matters, we are asked “How can I get custody of my children?”

Whether the question is legal custody or physical custody,  the State of Indiana takes several factors into account. The State of Indiana states that custody is determined by what is in the best interests of the child. While there is a preconceived notion that the State of Indiana favors the mother when it comes to custody, that is not accurate. Most often, the best interests of the child are to have consistent loving relationships with both parents.

So, aside from general involvement from both parents, how does Indiana decide what is in the best interest of the child? Each party’s attorney presents their case and the judge considers the information based on the parameters Indiana has set forth.

The State of Indiana considers everything from siblings, age and sex of the child, where the child goes to school, and the mental health of both parents.

The State of Indiana also takes into consideration the people and family members the child will come in contact with in each of their parent’s residences. For instance, if one party is parading new partners into the home during scheduled parenting time, the Court is likely to take a dim view on the stability of that home.

In some instances, in a divorce or custody matter, the judge may decide that the children involved need their own advocate, aside from their parent’s attorneys. This advocate, called a Guardian Ad Litem, collects information from all parties, including the child, and compiles a report. This report then contains the Guardian Ad Litem’s recommendations to the Court in regard to what is believed to be the child(ren)’s best interest.

Whether you’re embarking on a divorce or a custody matter, getting trusted legal advice is of the utmost importance. Contact the Mario J. Zappia Law Office  at (574)277-8720 for your completely confidential consultation.

 

Estate planning

When should I write a will?

“When should I write a will?”  is a  question we hear at Mario J. Zappia, Attorney at Law frequently. There is a common misconception that writing a will is something that is done when embarking on retirement age. This is not the case. With many of the following major milestones, contacting an attorney to either draft or revise your will is a wise decision.

 

Estate planning

 

 

  • Marriage/Divorce – With either marriage or divorce, most people change the listed beneficiary in their wills. While some people are under the impression that a divorce will automatically negate an ex spouse written in a will, that is simply not the case. Revising your will to reflect your spouse, or lack thereof, is a measure taken to ensure your assets are going where you believe they should.
  • Having Children – Updating your will with the birth of your children is important not only for the purposes of delegating who gets your assets, but also for the purpose of naming a guardian for underage minor children.
  • Re-Marriage/Divorce – Though marriage and divorce has already been listed, it is important to note that subsequent marriages present their own special set of circumstances. Particularly, when it comes to blended families, naming guardians and asset allocation in a will can prevent potentially costly legal hassles. Updating a will to reflect both your current spouse and children resulting from this marriage and previous marriages will provide the clarity that is usually sought when drafting a will in the first place.
  • Illness/Accident – While no one necessarily wants to dwell on their mortality, death is an inevitable part of life. A brush with death in any form tends to cause us to evaluate our wishes and the needs of those we will be leaving behind. Writing a will can alleviate some of the anxiety that comes with thoughts of our own mortality in that it allows you to provide for your loved ones.
  • Accretion of assets – whenever your assets increase, by way of real estate, business, property, or even just cash, it’s important to revise your will to reflect your worth.

 

Call South Bend Attorney, Mario J. Zappia at (574)277-8720 to draft a will to meet your needs.

 

 

Mario J. Zappia, attorney at law

Couple divorcing

When should I call a lawyer?

, , , ,

A common question we hear at Mario J. Zappia, Attorney at Law is, “When should I call a lawyer?” Whether you are just contemplating divorce, or you have already made the decision to proceed with calling it quits, contacting an experienced divorce attorney is  always the smartest decision to make.

 

Couple divorcing

In this age of technology, it can be tempting to consider utilizing websites like LegalZoom, Rocket Lawyer and the like and forego legal representation entirely. And when people ask us at Mario J. Zappia, Attorney at Law, “Why can’t I just use an online legal service to get a divorce?”, we have a pretty simple answer: Online legal services  are simply a fill-in-the-blanks style approach on various legal proceedings.

Can  you technically get a divorce using an online legal service?

Probably.

Is it wise?

Certainly not.

Online legal services lack the ability to legally advise you. There is a lot at stake in a divorce. Tightening the purse strings to avoid paying for advice and representation to end your  legal agreement with your spouse could prove to be disastrous.

“How much child support should I be paying?”

“What happens to our house when the divorce is final?”

“Can I be ordered to pay alimony in Indiana?”

“How does infidelity on either side affect who gets custody of the children?”

“Can I keep my retirement account?”

“Why do I need a separate lawyer if my spouse already has one?”

These are just some of the most common questions we get asked at Mario J. Zappia, Attorney at Law. Without experienced legal representation, you are putting yourself in peril of losing everything you are legally entitled to in a divorce. You could be risking not only physical and financial assets, but you could also be saddling yourself with more liability than is wise.

Mario J. Zappia, attorney at law
*$125 consultation fee applies toward retainer*

what's next

After the Divorce is Final – What’s Next?

, ,

After a divorce is finalized, there are still steps to be taken for the parties to go their separate ways. While many people open up a separate bank account when they decide divorce is the route they plan to take, there are other assets that require a Property Settlement Agreement (PSA) and Divorce Decree signed by the judge to proceed with division.

After Divorce, What's Next?

As soon as the divorce is final, it is important to obtain several copies of the Decree and PSA, complete with a raised seal and signatures from the Court. If either of the parties has changed their name in marriage and wishes to change it back, these documents will be necessary to restore their former name.  Once the Social Security Administration and Indiana Bureau of Motor Vehicles processes these documents, modified Identification is issued.

With the newly obtained Social Security Card and either Indiana State Identification or Indiana Drivers Licenses, as well as the Decree and PSA, credit cards and bank accounts can be modified with the appropriate names, and divided according to the agreed upon terms.

In terms of retirement accounts and real estate, documents in addition to the Decree and PSA will be required to complete the division.

Some retirement accounts are divided with a Qualified Domestic Relations Order QDRO). QDROs, which essentially act as addenda to the Decree and PSA, recognize an alternate payee (former spouse)’s interest in a retirement account.  QDROs are signed Orders from the Court, granting the division of a retirement account, as spelled out the PSA. Once the QDRO is signed, it can be sent to the account holder’s employer and processed by human resources for implementation.

If a couple divorces and they still share interest in real estate, it should be decided if one party will keep the real estate or it it should be sold to divide the proceeds. If it is agreed that one party should keep the marital real estate, the party relinquishing their interest should execute a Quitclaim Deed.

Grandparents Rights in Indiana

Grandparents Rights

, , , , , , ,

In Indiana, the subject of grandparent’s rights has become a hot topic issue. The growing drug epidemic in Indiana has ripped families apart. It has not only burdened the Indiana foster care system, it has also given grandparents a heavier load to bear by having to raise their grandchildren. This increasingly common societal trend has left many wonder, what rights do grandparents have in Indiana?

Grandparent's rights in Indiana

 

In the instance of grandparents who have been granted custody of their grandchildren due to the parent’s inability to adequately provide a stable home, grandparent’s rights are more clearly established. The Courts  have already decided that a grandparent/grandchild relationship is in the child’s best interests. And even in the best circumstance, Mom and Dad turn their lives around and Parent/Child are reunited, the Courts will likely look at the relationship already established and encourage visitation in the child’s best interest.

But what about those grandparents who have never had to step up to the parenting plate, in regard to parenting their own grandchildren. In Indiana, are grandparents legally entitled to visitation with their grandchildren?

That could depend on a few different factors.

  1. If the parents are married, the Court will not order the parents to provide visits to the grandparents. Because parents have a constitutional right to raise their children as they see fit, the Courts will not step and decide for them that the grandparents are entitled to involvement. The visitation grandparents receive when the parents are married is purely at the parent’s discretion. If the parents are divorced, or have never been married, that opens the door for potential visitation, granting the paternity has been established within the Court.
  2. If one or both parents is dead, then grandparents in Indiana may have a leg to stand on in terms of Court Ordered visitation with their grandchildren.
  3. If it is in the best interest of the child. At the end of the day, the Court’s ultimate goal is to act in the best interests of the child involved. If the grandparents had been involved in the child’s life.

 

Regardless of the circumstance, attempting to establish grandparent’s rights in Indiana can be a tricky process. Having an experienced attorney will be vital for success.

 

«‹ 2 3 4 5›»

Contact Us

574-277-8720

52582 Indiana 933 North South Bend, Indiana, 46637

© Mario J. Zappia | Attorney At Law 2018 |
JG Site Designs