Sunday, April 6, 2014
Tuesday, January 10, 2012
DEALING WITH THE MARITAL HOME WHEN THE DEED IS IN ONE SPOUSE’S NAME ONLY
At Brawer, Hirsch and Associates PA. , a Fort Lauderdale, Broward County, Florida Family law firm we are often have clients who are divorcing and who are faced with the question of how to deal with the fact that the marital home is not in their name. There are many reasons why a house may only be in one spouse name. The reasons may vary but the problem is often the same. In order to address the issue the first thing you have to consider is: When was the house purchased? Houses purchased after a marriage a generally marital property. This is true regardless of whose name appears on the deed. As part of your marital settlement or divorce decree or final judgment of dissolution of marriage the division of the equity in the house has to “equitably divided”. By that same token, the debt attributable to the mortgage on the house, the equity line or any other hypothecation or encumbrance applicable to the property also must be so divided. Even if only one party’s name appears on the mortgage or other debt against the property that debt is a marital debt for divorce or dissolution purposes. Often a spouse will put the other spouses name on the deed to a pre martially owned residence when the house is refinanced or out of love and affection. This sadly is deemed a gift of that interest when the marriage falls apart. But when the pre martially acquired home enhanced during the marriage through extraordinary efforts by the non owner spouse, and when marital funds are used to pay down the mortgage the post marriage enhanced value of the equity becomes a marital asset. As such that increase in value from the date of the marriage is subject to being equitably divided between the parties. In Florida that is presumed to be an equal division but not so in Georgia. There the concept of equitable division is not necessarily synonymous with “equal division” There, as in Alabama, fault is a consideration in equitable division where it is not in Florida. We at Brawer, Hirsch and Associates P.A. have been resolving the equitable distribution of marital home places and the mortgage debt attributable thereto for the past thirty seven (37) years for our divorce, legal separation (GA & AL) or dissolution of marriage clients in Florida, Georgia and Alabama. For more information contact Brawer, Hirsch and Associates P.A. a multi state (FL,GA, AL) law family law firm rated one of the top 50 in FL by SUPERLAWYERS MAGAZINE at 954-522-1922, 706 324-4444, or email us at dh@bhalaws.com. Or visit our web page at www.brawerhirschlaw.com
At Brawer, Hirsch and Associates PA. , a Fort Lauderdale, Broward County, Florida Family law firm we are often have clients who are divorcing and who are faced with the question of how to deal with the fact that the marital home is not in their name. There are many reasons why a house may only be in one spouse name. The reasons may vary but the problem is often the same. In order to address the issue the first thing you have to consider is: When was the house purchased? Houses purchased after a marriage a generally marital property. This is true regardless of whose name appears on the deed. As part of your marital settlement or divorce decree or final judgment of dissolution of marriage the division of the equity in the house has to “equitably divided”. By that same token, the debt attributable to the mortgage on the house, the equity line or any other hypothecation or encumbrance applicable to the property also must be so divided. Even if only one party’s name appears on the mortgage or other debt against the property that debt is a marital debt for divorce or dissolution purposes. Often a spouse will put the other spouses name on the deed to a pre martially owned residence when the house is refinanced or out of love and affection. This sadly is deemed a gift of that interest when the marriage falls apart. But when the pre martially acquired home enhanced during the marriage through extraordinary efforts by the non owner spouse, and when marital funds are used to pay down the mortgage the post marriage enhanced value of the equity becomes a marital asset. As such that increase in value from the date of the marriage is subject to being equitably divided between the parties. In Florida that is presumed to be an equal division but not so in Georgia. There the concept of equitable division is not necessarily synonymous with “equal division” There, as in Alabama, fault is a consideration in equitable division where it is not in Florida. We at Brawer, Hirsch and Associates P.A. have been resolving the equitable distribution of marital home places and the mortgage debt attributable thereto for the past thirty seven (37) years for our divorce, legal separation (GA & AL) or dissolution of marriage clients in Florida, Georgia and Alabama. For more information contact Brawer, Hirsch and Associates P.A. a multi state (FL,GA, AL) law family law firm rated one of the top 50 in FL by SUPERLAWYERS MAGAZINE at 954-522-1922, 706 324-4444, or email us at dh@bhalaws.com. Or visit our web page at www.brawerhirschlaw.com
Thursday, December 29, 2011
STRUCTURING YOUR MUSCOGEE COUNTY, GEORGIA SHARED PARENTING PLAN TO BEST SERVE THE INTERESTS OF YOUR AUTISTIC CHILD
STRUCTURING YOUR MUSCOGEE COUNTY, GEORGIA SHARED PARENTING PLAN TO BEST SERVE THE INTERESTS OF YOUR AUTISTIC CHILD
One of the more problematic issues of drafting a shared parenting plan for an Autistic child involves the need to provide therapies and programs which exceed standard parenting responsibilities. Often finances are an issue. Unfortunately, sometimes the goal the Georgia divorce or legal separation is a desire to escape the responsibilities of special needs parenthood.
When negotiating shared parenting agreements between Columbus, Muscogee County,
Georgia or Hamilton , Harris County, Georgia divorcing parents of special needs Autistic children there are basic concepts that should be considered.
Columbus, Georgia legally separated parents and Hamilton, Georgia divorcing parents with an autistic child want to do everything they can in the midst of their domestic relations litigation to protect their child from that divorce or legal separation litigation.. A
Georgia parent’s effort to keep their child removed from litigation is likely to be a factor considered by the Muscogee County or Harris County or Chattahoochee County superior court judge in determining shared parental custody. Compassionately, they don’t want to place their children in circumstances that frighten them such as some social settings.. Nevertheless, setting the children up in a program or providing them with social activities can help them to learn how to manage their social anxieties.
First it’s necessary to be sure that there are therapy programs appropriately qualified to deal with the specific Autistic child’s social anxiety and functional capacities. Every Autistic child is different and functions at a different level with a wide range of variation. It’s also important to remember that the sooner the child is enrolled in a therapy program, the more a significant difference it can make in alleviating their social anxiety.
Visitation provisions in final orders should mandate a component for quality parenting time which would include playtime where they will be able to learn to make friends and how to interact with others. This play activity is very important to getting over their social anxiety. The activities should include something fun. For example, having children play an appropriate aged-level board game. This can help your child to learn how to interact with others.
Secondary caregivers, significant others and second family members need to be aware that many children with Autism have difficulty when it comes to understanding how another individual feels. This influences how they are able to interact with others. One way to help them with this is to use picture cards of characters with different facial expressions and posture. Once they understand how others may possibly feel by facial expressions and body language, they will more easily interact with others. This may not happen overnight. Don’t be discouraged.
There seem to be many things Columbus Georgia or Hamilton Georgia parents can work on with their Autistic children to help them manage the social anxieties they face. There seems to be no greater social anxiety than that of experiencing a second family or acclimating to a series of rotating significant others or momentary girlfriends. Most children with Autism simply lack the ability to react to change in a calm manner. The child, if given the opportunity to become social, may simply wander off to be by themselves.
It is generally believed that approximately sixty percent of second marriages end in divorce. It can be assumed that when Columbus, Georgia or Fort Benning, Georgia remarried parents are tasked with parenting special needs children the percentage of divorce is likely to be higher.
To be successful in helping the Autistic child, the most important thing that the shared parenting provisions of the final order can do is to create an atmosphere where both parents can provide quality care, recognize the need for all caregivers to have the necessary education, competency level and concern and provide safe stable and emotionally comfortable environment under all the prevailing special needs circumstances. The custody order can restrict forcing social activities on Autistic children however, it should make sure that both parents have the opportunity to enjoy and experience such social activities with the child as the functional level of the child will tolerate. The same is true for his/her social activities with the secondary families and significant others. Whether it is sitting down to dinner with the family or going over to a friends house to play, having a care giver who understands the child’s special needs is essential to ensure the child is as comfortable as possible.
When Columbus, Georgia or Fort Benning, Georgia special needs parents co-parent autistic children successfully they create a unified front and coordinate a plan which involves a joint approach to meticulously explain to the child the step by step events of the child’s structured environment i.e., what is going to happen and where they are going. Surprises, while exciting for the Columbus or Hamilton, Georgia parents of mainstream children, are inappropriate for their Autistic children and should not be shoved upon them.
The Muscogee County, Georgia family lawyers and Harris County, Georgia divorce attorneys at Brawer, Hirsch and Associates, P.A. (www.brawerhirschlaw.com) draft into most of their suggested final orders plans for their Columbus or Fort Benning parents of special needs children to have a “face to face” monthly meeting to address the issues of parenting. The more productive and cooperative the parents are in creating a compatible unified front the better they can serve the serve the interests of their special needs Autistic child.
Visit us at http://www. Brawerhirschlaw.com for more information for dealing with issues involving special needs children.
Brawer, Hirsch and Associates.a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
One of the more problematic issues of drafting a shared parenting plan for an Autistic child involves the need to provide therapies and programs which exceed standard parenting responsibilities. Often finances are an issue. Unfortunately, sometimes the goal the Georgia divorce or legal separation is a desire to escape the responsibilities of special needs parenthood.
When negotiating shared parenting agreements between Columbus, Muscogee County,
Georgia or Hamilton , Harris County, Georgia divorcing parents of special needs Autistic children there are basic concepts that should be considered.
Columbus, Georgia legally separated parents and Hamilton, Georgia divorcing parents with an autistic child want to do everything they can in the midst of their domestic relations litigation to protect their child from that divorce or legal separation litigation.. A
Georgia parent’s effort to keep their child removed from litigation is likely to be a factor considered by the Muscogee County or Harris County or Chattahoochee County superior court judge in determining shared parental custody. Compassionately, they don’t want to place their children in circumstances that frighten them such as some social settings.. Nevertheless, setting the children up in a program or providing them with social activities can help them to learn how to manage their social anxieties.
First it’s necessary to be sure that there are therapy programs appropriately qualified to deal with the specific Autistic child’s social anxiety and functional capacities. Every Autistic child is different and functions at a different level with a wide range of variation. It’s also important to remember that the sooner the child is enrolled in a therapy program, the more a significant difference it can make in alleviating their social anxiety.
Visitation provisions in final orders should mandate a component for quality parenting time which would include playtime where they will be able to learn to make friends and how to interact with others. This play activity is very important to getting over their social anxiety. The activities should include something fun. For example, having children play an appropriate aged-level board game. This can help your child to learn how to interact with others.
Secondary caregivers, significant others and second family members need to be aware that many children with Autism have difficulty when it comes to understanding how another individual feels. This influences how they are able to interact with others. One way to help them with this is to use picture cards of characters with different facial expressions and posture. Once they understand how others may possibly feel by facial expressions and body language, they will more easily interact with others. This may not happen overnight. Don’t be discouraged.
There seem to be many things Columbus Georgia or Hamilton Georgia parents can work on with their Autistic children to help them manage the social anxieties they face. There seems to be no greater social anxiety than that of experiencing a second family or acclimating to a series of rotating significant others or momentary girlfriends. Most children with Autism simply lack the ability to react to change in a calm manner. The child, if given the opportunity to become social, may simply wander off to be by themselves.
It is generally believed that approximately sixty percent of second marriages end in divorce. It can be assumed that when Columbus, Georgia or Fort Benning, Georgia remarried parents are tasked with parenting special needs children the percentage of divorce is likely to be higher.
To be successful in helping the Autistic child, the most important thing that the shared parenting provisions of the final order can do is to create an atmosphere where both parents can provide quality care, recognize the need for all caregivers to have the necessary education, competency level and concern and provide safe stable and emotionally comfortable environment under all the prevailing special needs circumstances. The custody order can restrict forcing social activities on Autistic children however, it should make sure that both parents have the opportunity to enjoy and experience such social activities with the child as the functional level of the child will tolerate. The same is true for his/her social activities with the secondary families and significant others. Whether it is sitting down to dinner with the family or going over to a friends house to play, having a care giver who understands the child’s special needs is essential to ensure the child is as comfortable as possible.
When Columbus, Georgia or Fort Benning, Georgia special needs parents co-parent autistic children successfully they create a unified front and coordinate a plan which involves a joint approach to meticulously explain to the child the step by step events of the child’s structured environment i.e., what is going to happen and where they are going. Surprises, while exciting for the Columbus or Hamilton, Georgia parents of mainstream children, are inappropriate for their Autistic children and should not be shoved upon them.
The Muscogee County, Georgia family lawyers and Harris County, Georgia divorce attorneys at Brawer, Hirsch and Associates, P.A. (www.brawerhirschlaw.com) draft into most of their suggested final orders plans for their Columbus or Fort Benning parents of special needs children to have a “face to face” monthly meeting to address the issues of parenting. The more productive and cooperative the parents are in creating a compatible unified front the better they can serve the serve the interests of their special needs Autistic child.
Visit us at http://www. Brawerhirschlaw.com for more information for dealing with issues involving special needs children.
Brawer, Hirsch and Associates.a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
COLUMBUS, GEORGIA POST-DIVORCE JUDGMENT CONSIDERATIONS FOR SPECIAL NEEDS CHILDREN
COLUMBUS, GEORGIA POST-DIVORCE JUDGMENT CONSIDERATIONS FOR SPECIAL NEEDS CHILDREN
In order to properly address the issues facing parents of special needs children following your Muscogee County, Georgia Superior Court or Harris County, Georgia final judgment of divorce it is imperative that the litigating parties either employ a Columbus, Georgia or Hamilton, Georgia divorce lawyer knowledgeable in special needs divorce issues or make their Muscogee County, Georgia or Harris County Georgia divorce attorney aware of certain realities.
Most marriages which end in divorce or legal separation are going to result in less of a “co- parenting partnership” than before. One party will likely carry a greater burden of responsibility with the special needs child. This will commonly be true even if the parties agree in their final judgment to shared parental responsibility. Therefore, emphasis should be placed on specific provisions for transportation, therapy attendance, medical care appointment attendance and support for school and vocational programs.
The U.S. Census Bureau recently stated that nearly 16.5% of all people with disabilities in the U.S. leave their home two days per week or less. That constitutes nearly 11 million people that are not traveling at all. If this figure is fully appreciated your Columbus, Georgia or Hamilton, Georgia divorce lawyer should address this reality in calculating child support.. If you are going to be the parent in whose home your special needs child will be predominately and constantly in residence, this should be addressed at trial or in mediation.
Brawer, Hirsch and Associates, a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
In order to properly address the issues facing parents of special needs children following your Muscogee County, Georgia Superior Court or Harris County, Georgia final judgment of divorce it is imperative that the litigating parties either employ a Columbus, Georgia or Hamilton, Georgia divorce lawyer knowledgeable in special needs divorce issues or make their Muscogee County, Georgia or Harris County Georgia divorce attorney aware of certain realities.
Most marriages which end in divorce or legal separation are going to result in less of a “co- parenting partnership” than before. One party will likely carry a greater burden of responsibility with the special needs child. This will commonly be true even if the parties agree in their final judgment to shared parental responsibility. Therefore, emphasis should be placed on specific provisions for transportation, therapy attendance, medical care appointment attendance and support for school and vocational programs.
The U.S. Census Bureau recently stated that nearly 16.5% of all people with disabilities in the U.S. leave their home two days per week or less. That constitutes nearly 11 million people that are not traveling at all. If this figure is fully appreciated your Columbus, Georgia or Hamilton, Georgia divorce lawyer should address this reality in calculating child support.. If you are going to be the parent in whose home your special needs child will be predominately and constantly in residence, this should be addressed at trial or in mediation.
Brawer, Hirsch and Associates, a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
Wednesday, December 28, 2011
CREATING A GEORGIA SHARED PARENTING PLAN AND CHILD SUPPORT CONSIDERATIONS
DEALING WITH THE UNKNOWNS WHEN CREATING A GEORGIA SHARED PARENTING PLAN AND CHILD SUPPORT CONSIDERATIONS
When speaking with your Columbus Muscogee County Georgia family lawyer or your Hamilton Harris County Georgia divorce attorney about support and long range parenting issues there will always be unknowns, especially when dealing with special needs children.
Child support in Georgia domestic relations cases or Department of Revenue Support Enforcement actions provide for support until age eighteen (18). However, there is an exception for children who are not able to become emancipated. That is to say, they will not be able to support themselves or live on their own as a result of a special needs disability.
Does that special needs exception define your child? It is imperative that before your special needs child turns eighteen (18) you must address this matter with your Chattahoochee County Georgia family lawyer or Columbus Georgia child support attorney.
Then there are the unknown factors of planning around longevity issues.
Wise parents handle statistics and medical predictions by:
●Emphasizing that significant medical progress is being made in almost all areas, and that health and longevity are increasing for almost all illnesses.
●Realizing that for all individuals, the future is unknown. Many lives are shortened by unexpected illness and traumatic events.
●Encouraging their children to believe that they have every chance of being one of those children "who fall on the high side of the bell curve because you take such good care of yourself."
●Understanding that the quality of a life is measured not by its length, but by the amount of love, accomplishment, and giving that fills it.
●Understanding that worrying about the future and chewing on the mistakes of yesterday rob both today and tomorrow. The resulting hopelessness, negativity, and worry can shorten lives and certainly diminish the quality of life.
●Believing that those who bravely face life's obstacles build a character that not only leads them to be more capable people and leaders, but sets an example that enhances the lives of all with whom they come in contact.
Theses considerations can form the basis of a former couples shared parenting plan for their special needs child.
While it is true there will be unknowns, all shared parenting plans are subject to modification based upon a substantial change of circumstances that were both unforeseeable at the time of the last custody award and which materially effect the best interests of the minor child.
The Columbus Muscogee County Georgia family and child support lawyers at attorneys at Brawer, Hirsch and Associates, P.A.(www.brawerhirschlaw.com) are available to guide you through the complexities of child support and supplemental petitions for modification of existing support orders or existing time sharing plans.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special questions addressed or email dh@bhalaws.com.
When speaking with your Columbus Muscogee County Georgia family lawyer or your Hamilton Harris County Georgia divorce attorney about support and long range parenting issues there will always be unknowns, especially when dealing with special needs children.
Child support in Georgia domestic relations cases or Department of Revenue Support Enforcement actions provide for support until age eighteen (18). However, there is an exception for children who are not able to become emancipated. That is to say, they will not be able to support themselves or live on their own as a result of a special needs disability.
Does that special needs exception define your child? It is imperative that before your special needs child turns eighteen (18) you must address this matter with your Chattahoochee County Georgia family lawyer or Columbus Georgia child support attorney.
Then there are the unknown factors of planning around longevity issues.
Wise parents handle statistics and medical predictions by:
●Emphasizing that significant medical progress is being made in almost all areas, and that health and longevity are increasing for almost all illnesses.
●Realizing that for all individuals, the future is unknown. Many lives are shortened by unexpected illness and traumatic events.
●Encouraging their children to believe that they have every chance of being one of those children "who fall on the high side of the bell curve because you take such good care of yourself."
●Understanding that the quality of a life is measured not by its length, but by the amount of love, accomplishment, and giving that fills it.
●Understanding that worrying about the future and chewing on the mistakes of yesterday rob both today and tomorrow. The resulting hopelessness, negativity, and worry can shorten lives and certainly diminish the quality of life.
●Believing that those who bravely face life's obstacles build a character that not only leads them to be more capable people and leaders, but sets an example that enhances the lives of all with whom they come in contact.
Theses considerations can form the basis of a former couples shared parenting plan for their special needs child.
While it is true there will be unknowns, all shared parenting plans are subject to modification based upon a substantial change of circumstances that were both unforeseeable at the time of the last custody award and which materially effect the best interests of the minor child.
The Columbus Muscogee County Georgia family and child support lawyers at attorneys at Brawer, Hirsch and Associates, P.A.(www.brawerhirschlaw.com) are available to guide you through the complexities of child support and supplemental petitions for modification of existing support orders or existing time sharing plans.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special questions addressed or email dh@bhalaws.com.
CONSIDERING THE DECISION TO DISSOLVE THE MARRIAGE FOR GEORGIA PARENTS OF SPECIAL NEEDS CHILDREN
CONSIDERING THE DECISION TO DISSOLVE THE MARRIAGE FOR GEORGIA PARENTS OF SPECIAL NEEDS CHILDREN
For any Georgia divorce, there is little escape from the emotional carnage which is the divorce of parents of special needs children. It is hardly the job of the attorney to act as marriage therapist. However, in the family law field the term “counselor at law” has significant meaning. The difficulties of raising a special needs child is magnified by dissolution of marriage.
Jill Curtis, a senior psychotherapist working in the UK, the author of four books: Where's Daddy? Separation and Your Child, Find Your Way Through Divorce, Does Your Child Have a Hidden Disability? and Making and Breaking Families. (www. Family Onwards.com) in her article “For Families of Children with Special Needs” writes:
“As parent of a child with a disability or with special needs you will be only too aware of all the challenges you encounter when you try to get the best help you can for your child. Sadly the list of problems faced by so many children, and their families, never seems to end. Each disability brings with it its own special concerns, but there are many issues which parents share in common.
There is understandably the shock and disbelief on learning that your child is in anyway disadvantaged or handicapped. It is very hard to accept that this is so. And quite usual at the beginning for parents to block from their thoughts the fact that their child is going to need extra help and will have to be cared for in a special way, perhaps for life. It is as if denial of the problem will make it go away. If only that were so.
The gradual acceptance of the situation is very painful. You may still be agonizing over the question of whether you or your partner are somehow to blame for your child’s condition. All parents go through this kind of anguish. There is a desperate desire to blame somebody.
You may already have felt the deep anger experienced by almost every mother or father in this situation that it should be your child who will have to struggle with a physical, an emotional, or a mental disability. You will be know the sickening fear of wondering if you can cope with what you are hearing.
Practically all families wish to do the best for their child, often against tremendous odds. And top of the list for most parents must be to find the best healthcare available. But parents so often run up against a brick wall when trying to get a diagnosis about what is happening to their child. Some physical handicaps are recognized from birth, some children develop an illness which produces them, while some disabilities are more insidious and gradually become apparent as the child gets older and reaches different developmental milestones. It can often be difficult at the beginning to put your finger on just what is worrying you about your child. It can be even harder to know where to turn for guidance or information, with the result that you feel totally lost, and quite alone with your distress.
We all like to think that in our ‘caring society’ today all the help which is needed is on offer. Unhappily that is not usually the experience of mothers and fathers who desperately seek the advice and support they need to help their child in the circumstances I am discussing.
What is the best way to proceed? The first thing is to get as much information as you can about the specific condition which has aroused your concern. Today with the Internet there is more detailed information available to us than previously. Once you can arm yourself with some knowledge about your child’s needs you are in a stronger position to stand firm against the red tape and possible indifference you may meet on the road ahead.
The more facts you have at your disposal, the more confidence you will have to advocate for your child. This is important from day one, and will become even more so when there are battles to be fought about education and other help required such as physiotherapy, occupational therapy, speech and language therapy or psychotherapy. Lack of funds is often given as an excuse why some services are not available. Do not take this lying down. Ask questions, and go on asking them.
You may need help in getting the right equipment, finding ways of entertaining your baby or child, and even in gaining some respite for yourself. Do not fall into the way of thinking that only you, and you alone, can care for your child. A worn-out parent will be little help, and especially if you have other children to care for it must be kept in mind that they need time with their mom or dad too. So get assistance before you crack under the pressure.
Remember, too, that having a child with special needs can put an additional strain on any marriage, so try your hardest to get out from the home together for a little while, even if only for the occasional meal. Make sure you talk to each other about your fears and worries. Talk to other people too. Talk to the neighbors, talk to the local school and any local groups. Set up a roster of family or friends who will give you a short break. Look for local charities and organizations who will be only too glad to find people to help you and your child. This will have the added advantage that it will gain local awareness for a particular disability. Ask at the local schools or colleges if some of the older students will come in and play with your child for a while. However, screen the students carefully as this poses certain risks which may have dire consequences.
Try to link up with an organization which has specialist information about your child’s disability. You will find the tips they can give you will be invaluable. Make sure you know your child’s rights about education, and search out information about Special Needs’ playgrounds. Chat online to other parents who share your concerns, and learn from other parents who have already fought some of the battles which you foresee ahead. One parent said to me this week ‘My advice for new parents? Tell them never take "no" for an answer’. So find your voice and make yourself heard - whether it is to a medical, or educational professional. Your child deserves nothing less.
On the Internet you will log onto information about all kinds of disabilities, as well as getting backup for yourself as a parent, so click onto any support group you can.”
Columbus Georgia Divorce Attorneys who care encourage their special needs clients to consider all aspects of the cause of their marital separation. The Muscogee County, Georgia or Hamilton Harris County Lawyer must make sure the clients are seeing a realistic picture of their future as the divorced parents of a special needs child. Being sure that they understand the critical elements of the hardships marriages commonly face as outlined in Jill Curtis’s article above will assure that the client is taking a knowledgeable approach to their dissolution of marriage action.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
For any Georgia divorce, there is little escape from the emotional carnage which is the divorce of parents of special needs children. It is hardly the job of the attorney to act as marriage therapist. However, in the family law field the term “counselor at law” has significant meaning. The difficulties of raising a special needs child is magnified by dissolution of marriage.
Jill Curtis, a senior psychotherapist working in the UK, the author of four books: Where's Daddy? Separation and Your Child, Find Your Way Through Divorce, Does Your Child Have a Hidden Disability? and Making and Breaking Families. (www. Family Onwards.com) in her article “For Families of Children with Special Needs” writes:
“As parent of a child with a disability or with special needs you will be only too aware of all the challenges you encounter when you try to get the best help you can for your child. Sadly the list of problems faced by so many children, and their families, never seems to end. Each disability brings with it its own special concerns, but there are many issues which parents share in common.
There is understandably the shock and disbelief on learning that your child is in anyway disadvantaged or handicapped. It is very hard to accept that this is so. And quite usual at the beginning for parents to block from their thoughts the fact that their child is going to need extra help and will have to be cared for in a special way, perhaps for life. It is as if denial of the problem will make it go away. If only that were so.
The gradual acceptance of the situation is very painful. You may still be agonizing over the question of whether you or your partner are somehow to blame for your child’s condition. All parents go through this kind of anguish. There is a desperate desire to blame somebody.
You may already have felt the deep anger experienced by almost every mother or father in this situation that it should be your child who will have to struggle with a physical, an emotional, or a mental disability. You will be know the sickening fear of wondering if you can cope with what you are hearing.
Practically all families wish to do the best for their child, often against tremendous odds. And top of the list for most parents must be to find the best healthcare available. But parents so often run up against a brick wall when trying to get a diagnosis about what is happening to their child. Some physical handicaps are recognized from birth, some children develop an illness which produces them, while some disabilities are more insidious and gradually become apparent as the child gets older and reaches different developmental milestones. It can often be difficult at the beginning to put your finger on just what is worrying you about your child. It can be even harder to know where to turn for guidance or information, with the result that you feel totally lost, and quite alone with your distress.
We all like to think that in our ‘caring society’ today all the help which is needed is on offer. Unhappily that is not usually the experience of mothers and fathers who desperately seek the advice and support they need to help their child in the circumstances I am discussing.
What is the best way to proceed? The first thing is to get as much information as you can about the specific condition which has aroused your concern. Today with the Internet there is more detailed information available to us than previously. Once you can arm yourself with some knowledge about your child’s needs you are in a stronger position to stand firm against the red tape and possible indifference you may meet on the road ahead.
The more facts you have at your disposal, the more confidence you will have to advocate for your child. This is important from day one, and will become even more so when there are battles to be fought about education and other help required such as physiotherapy, occupational therapy, speech and language therapy or psychotherapy. Lack of funds is often given as an excuse why some services are not available. Do not take this lying down. Ask questions, and go on asking them.
You may need help in getting the right equipment, finding ways of entertaining your baby or child, and even in gaining some respite for yourself. Do not fall into the way of thinking that only you, and you alone, can care for your child. A worn-out parent will be little help, and especially if you have other children to care for it must be kept in mind that they need time with their mom or dad too. So get assistance before you crack under the pressure.
Remember, too, that having a child with special needs can put an additional strain on any marriage, so try your hardest to get out from the home together for a little while, even if only for the occasional meal. Make sure you talk to each other about your fears and worries. Talk to other people too. Talk to the neighbors, talk to the local school and any local groups. Set up a roster of family or friends who will give you a short break. Look for local charities and organizations who will be only too glad to find people to help you and your child. This will have the added advantage that it will gain local awareness for a particular disability. Ask at the local schools or colleges if some of the older students will come in and play with your child for a while. However, screen the students carefully as this poses certain risks which may have dire consequences.
Try to link up with an organization which has specialist information about your child’s disability. You will find the tips they can give you will be invaluable. Make sure you know your child’s rights about education, and search out information about Special Needs’ playgrounds. Chat online to other parents who share your concerns, and learn from other parents who have already fought some of the battles which you foresee ahead. One parent said to me this week ‘My advice for new parents? Tell them never take "no" for an answer’. So find your voice and make yourself heard - whether it is to a medical, or educational professional. Your child deserves nothing less.
On the Internet you will log onto information about all kinds of disabilities, as well as getting backup for yourself as a parent, so click onto any support group you can.”
Columbus Georgia Divorce Attorneys who care encourage their special needs clients to consider all aspects of the cause of their marital separation. The Muscogee County, Georgia or Hamilton Harris County Lawyer must make sure the clients are seeing a realistic picture of their future as the divorced parents of a special needs child. Being sure that they understand the critical elements of the hardships marriages commonly face as outlined in Jill Curtis’s article above will assure that the client is taking a knowledgeable approach to their dissolution of marriage action.
Brawer, Hirsch and Associates. a multi state law firm licensed to practice in Georgia, Alabama and Florida has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired), was a fellow of the American Academy of Matrimonial Lawyers, was Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms per Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed 706 324-4444 or 24/7 or toll free. at 877-895-7572.
Cerebral Palsey Article
ADDRESSING THE ISSUES OF FUTURE CHALLENGES IN DIVORCES INVOLVING CHILDREN WITH CEREBRAL PALSY
Columbus,Georgia special needs divorce attorneys should be aware as they address the martial settlement agreements which involve the birth of a child with Cerebral Palsy challenges, that there exist unknown factors which should be taken into consideration.
Sheena L. Carter, Ph.D. an applied developmental psychologist specializing in infant development. and assistant professor in the Department of Pediatrics, Division of Neonatology, with Emory School of Medicine in Atlanta, Georgia. Diagnosis of Cerebral Palsy writes:
“Cerebral Palsy (CP) simply means that there has been some injury to the brain during development which has resulted in difficulty transmitting the necessary impulses from the brain to the muscles for coordinated movement.
Many children born prematurely will develop some movement difficulties related to early neurological injury. These impairments emerge slowly over time and are typically not evident during the newborn period. Most mild motor abnormalities noticeable during the first few months of life will improve and may completely resolve with time. When motor impairment persists, a diagnosis of cerebral palsy may be considered. About 10% of children born at birth weights of less than 1000 grams will eventually receive a diagnosis of cerebral palsy (McCarton, et. al, 1996; O'Shea, et. al, 1998), a permanent condition. Diagnosing cerebral palsy in children born prematurely is often a difficult process which requires observing the child's development over time.
For a diagnosis of CP, the following are necessary:
1) Movement of muscles has to be adversely affected.
As voluntary control of the muscles develops with age, it takes time to determine whether and to what extent movement of the muscles has been affected by brain damage (which may or may not have been detected neonatally). Even with significant PVL or other injury known to be related to cerebral palsy, cerebral palsy will not be diagnosed unless and until movement is affected.
2) The motor impairment has to be due to a neurological injury.
That is, the source of the problem is at the level of brain functioning, rather than being due to a problem with another part of the motor system such as the spinal cord or muscle. Neurological injury may not be apparent using imaging techniques, however, and may be assumed from associated signs and symptoms.
3) The injury or lesion must be static (not getting worse, but no longer resolving).
A diagnosis of cerebral palsy is not given if the source of the problem is a progressive or deteriorating neurological condition. Although relatively rare, it is important to rule out such conditions as treatment options may be very different. Because of the amazing ability of the very young brain to recover from injury, it is also important to wait until the healing process is complete before diagnosing a permanent condition.
The level of impairment may increase with development for children with cerebral palsy. That is, as a child develops, the impaired use of a muscle or muscle group can become more apparent as he or she is unable to keep up with age expectations. As the demands increase, the impairment becomes more obvious. This is the impairment which is becoming worse with time; the injury to the brain remains the same.
4) The injury has to occur while the motor system is still developing (usually before, during, or right after birth).
For premature infants, the injuries resulting in CP are thought to most often happen during the peri-natal period (right around the time of birth). For some children, however, the injury may have happened prenatally; for others, injury may have happened during the neonatal period. It can be very difficult to determine exactly when the injury occurred.
5) The impairment in movement does not resolve with time.
Many children with motor problems during infancy do "grow out of" their symptoms, even after the first year of life. This is not considered to have been cerebral palsy. (There are a variety of other motor problems associated with prematurity.) For this reason, medical professionals tend to be very cautious about diagnosing mild to moderate cerebral palsy in prematurely born children during infancy.”
Rushing to a conclusion before a definitive diagnosis of Cerebral Palsy has been made by pediatric medical providers brings problems long into the future. Be sure your Weston Florida family lawyer has a clear understanding of Cerebral Palsy and is prepared to do all that he/she can to prove a diagnosis for consideration at mediation or trial..
Brawer, Hirsch and Associates. P.A. has been representing the legal needs of divorcing parents of special needs children for almost 40 years in Broward, Miami-Dade and Palm Beach counties of Florida, Muscogee, Harris and Chattahoochee counties of Georgia and Russell, Lee and Barbour counties of Alabama. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired) was a fellow of the American Academy of Matrimonial Lawyers, was board certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms in Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed by phoning 706 324-4444 or toll free at 877-895-7572 or view our web page at www.brawerhirschlaw.com.
Columbus,Georgia special needs divorce attorneys should be aware as they address the martial settlement agreements which involve the birth of a child with Cerebral Palsy challenges, that there exist unknown factors which should be taken into consideration.
Sheena L. Carter, Ph.D. an applied developmental psychologist specializing in infant development. and assistant professor in the Department of Pediatrics, Division of Neonatology, with Emory School of Medicine in Atlanta, Georgia. Diagnosis of Cerebral Palsy writes:
“Cerebral Palsy (CP) simply means that there has been some injury to the brain during development which has resulted in difficulty transmitting the necessary impulses from the brain to the muscles for coordinated movement.
Many children born prematurely will develop some movement difficulties related to early neurological injury. These impairments emerge slowly over time and are typically not evident during the newborn period. Most mild motor abnormalities noticeable during the first few months of life will improve and may completely resolve with time. When motor impairment persists, a diagnosis of cerebral palsy may be considered. About 10% of children born at birth weights of less than 1000 grams will eventually receive a diagnosis of cerebral palsy (McCarton, et. al, 1996; O'Shea, et. al, 1998), a permanent condition. Diagnosing cerebral palsy in children born prematurely is often a difficult process which requires observing the child's development over time.
For a diagnosis of CP, the following are necessary:
1) Movement of muscles has to be adversely affected.
As voluntary control of the muscles develops with age, it takes time to determine whether and to what extent movement of the muscles has been affected by brain damage (which may or may not have been detected neonatally). Even with significant PVL or other injury known to be related to cerebral palsy, cerebral palsy will not be diagnosed unless and until movement is affected.
2) The motor impairment has to be due to a neurological injury.
That is, the source of the problem is at the level of brain functioning, rather than being due to a problem with another part of the motor system such as the spinal cord or muscle. Neurological injury may not be apparent using imaging techniques, however, and may be assumed from associated signs and symptoms.
3) The injury or lesion must be static (not getting worse, but no longer resolving).
A diagnosis of cerebral palsy is not given if the source of the problem is a progressive or deteriorating neurological condition. Although relatively rare, it is important to rule out such conditions as treatment options may be very different. Because of the amazing ability of the very young brain to recover from injury, it is also important to wait until the healing process is complete before diagnosing a permanent condition.
The level of impairment may increase with development for children with cerebral palsy. That is, as a child develops, the impaired use of a muscle or muscle group can become more apparent as he or she is unable to keep up with age expectations. As the demands increase, the impairment becomes more obvious. This is the impairment which is becoming worse with time; the injury to the brain remains the same.
4) The injury has to occur while the motor system is still developing (usually before, during, or right after birth).
For premature infants, the injuries resulting in CP are thought to most often happen during the peri-natal period (right around the time of birth). For some children, however, the injury may have happened prenatally; for others, injury may have happened during the neonatal period. It can be very difficult to determine exactly when the injury occurred.
5) The impairment in movement does not resolve with time.
Many children with motor problems during infancy do "grow out of" their symptoms, even after the first year of life. This is not considered to have been cerebral palsy. (There are a variety of other motor problems associated with prematurity.) For this reason, medical professionals tend to be very cautious about diagnosing mild to moderate cerebral palsy in prematurely born children during infancy.”
Rushing to a conclusion before a definitive diagnosis of Cerebral Palsy has been made by pediatric medical providers brings problems long into the future. Be sure your Weston Florida family lawyer has a clear understanding of Cerebral Palsy and is prepared to do all that he/she can to prove a diagnosis for consideration at mediation or trial..
Brawer, Hirsch and Associates. P.A. has been representing the legal needs of divorcing parents of special needs children for almost 40 years in Broward, Miami-Dade and Palm Beach counties of Florida, Muscogee, Harris and Chattahoochee counties of Georgia and Russell, Lee and Barbour counties of Alabama. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer (retired) was a fellow of the American Academy of Matrimonial Lawyers, was board certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms in Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed by phoning 706 324-4444 or toll free at 877-895-7572 or view our web page at www.brawerhirschlaw.com.
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