Albuquerque Child Custody Attorneys
The children of divorcing parents are often caught in the middle of every battle that ensues during a divorce. The custody and timesharing arrangement of the children often becomes an additional battleground for divorcing couples. In a collaborative divorce, couples have access to child specialists who meet with the family to make suggestions about such legal issues as time-sharing and custody (both legal and physical) that will consider the "best interest" of the children first and foremost. The process becomes more manageable and understandable for the parents and the children. The child specialist in a collaborative divorce can further assist with the parents' skills that can change the interactive communication process between parents and children.
The professional and experienced Albuquerque Collaborative Divorce Alternatives Professionals understand the importance of a process whereby children's interests are placed at the forefront and the couple develops skills to navigate through the difficult issues revolving around these issues. Additionally, the team can provide information about children's development and needs at various stages in life, which become a consideration for the decision-making involving custody and time-sharing, including appropriate resolution of other issues such as introducing children to a new partner; when does a child have a say; what activities should the children participate in, relocation issues, etc.
The professionals of Albuquerque Collaborative Divorce Alternatives believe and encourage joint decision - making about such parental decisions as time-sharing, residency, medical care, religion, recreational activities, discipline methods etc. Unfortunately when parents divorce, if becomes very difficult to agree about all aspects of parenting. Often there are different sets of rules in each household and other competing values and interests, which can at the very least be very confusing to children. More seriously, these differences can escalate to serious conflict that is very detrimental to children.
To the extent that parents can agree to the various aspects of decision - making and work together as co-parents -- everyone benefits. Oftentimes, there is enough disagreement about important issues to derail this process. For this reason, parties in a collaborative divorce will work with team professionals to establish a parenting plan, which will set forth parameters of communication, establish time-sharing throughout the year (including holidays and summertime), determine such status quo elements, such as residence, doctors, religion, and recreational activities and any other issues involving the parent - child relationship.
Often the elements of a parenting plan can serve as a default position when parents disagree about various parenting issues. The parties and the team members can make the parenting plan as specific as necessary, so as to avoid or at least minimize potential conflict. The parenting plan operates as the final word where disputes may arise. Once the plan is entered with the Court, it becomes an Order that is enforceable by the Court and can only be modified upon Motion by either party if there has been a significant change of circumstances that warrants modification.
In a collaborative divorce, the parties have the benefit of developing and/or modifying a parenting plan with professional team members, such as child specialists. Also, the parties will have significant input into the development of such a plan. In collaborative divorce, the parties may agree to modify the plan at future points in time without the assistance of the Court. Instead they can utilize one or more of the team members to assist in the modification and enter into a modification that is entered as a stipulated agreement. This process allows for and promotes co-parenting and resolution of parenting issues through respect and consideration of both parties' positions, which is believed to be in the best interests of children.