10 Positive Steps for Better Parenting

 

1. Be actively involved with your kids' activities. Spend your time with them in their element. Be a coach or a leader for their sports or other activities. Attend their performances and games. Volunteer. Cheer for them. Help with their homework. Read to and with them. Play with them! You can do different things with kids at each age.

2. Appropriately compliment kids for their good effort or results. You don't have to say nice things only if they "win". Give them positive support for their effort and encourage them to keep trying. Winning is great, but it's also fun just to play. Make sure the kids know that you are proud of them whether they win or loose.

3. Appropriately compliment the other parent. Make nice comments to the other parent and around the kids.  You don’t have to lie or be insincere, but there's always something nice you can say. If you can't think of something nice to say, don't say anything.

4. Focus on the good. Whether it is your child’s grades, an art project, effort in cleaning their rooms, riding a bike, playing well with others, etc. let them know that you are pleased with them. At any age, you can find something a child is doing well and show appreciation. If you reinforce good behavior by complimenting it you are more likely to see it more often. Don't dwell on what a child is doing wrong all the time. Give them something to remember that you praised them for and they will strive for it.

5. Encourage kids to volunteer and serve others. Making a spirit of volunteerism and helping a part of the kids' upbringing, so that it seems a natural and normal part of life, is one of the best things you can do for kids. Everyone, at some time, will need help from others. It's a good idea to "pay it forward" --donate help in advance.

6. Talk about the best part of the day with your kids. It helps them (and you) focus on the good things that happen. You and your children will feel better if you think about the positive things, rather than just dwelling on what went wrong during the day. Developing this habit can help elevate everyone's mood.

7. Remember that kids see what you do and hear what you say. They really pay attention to what you do and say (and how you say it). You will probably see some of your actions and habits in their behavior. You certainly want to see your children doing good things, so you need to set an appropriate example. Try to be a good role model in the things you say and do.

8. Learn to appreciate kids' music, books and games. Not everything they like is going to be worth while, but it is too easy for parents to overlook or downplay kids' culture. Parents should look for what matters in their kids' lives. If you show a genuine interest in your kids' activities and interests, you can be more of a factor in their lives. You will be better able to relate to them and enjoy time with them.

9. Encourage friendships and sharing. This can be done in part by setting a good example, but you may have to explain things to children periodically about sharing as they get older. Do what you can to make it possible for them to do things with their peers so they can develop friendships. Equally as important, don't put up barriers that inhibit the kids from being able to participate in activities with friends who are important to them.


10. Be a good host. When your kids want to have friends over, make it possible. You may need to have a supervisory role, which will vary according to the age of the children, but help your children out when you can. Get to know their friends and welcome them to your home. It's always better to have them hanging out at your house as apposed to roaming the streets.

 

Hat tip to Dick Price for his December 1, 2008 post

Social Media and Divorce Interview

I was fortunate to be interviewed yesterday by Doug Currin of KCEN-TV out of Waco, Texas.  We discussed the growing trend of using social media in divorce litigation.  I told him of several instances where we've used social media. 

One involved a man who tried to misrepresent his income for child support purposes.  We used his Linked-In profile to show his employment history. 

Another situation involved a "dad" who tried to sue for custody but had not been active in the child's life before the suit.  We used his MySpace profile to show the absence of entries or information about his child to show his lack of interest.  Instead, his MySpace profile focused on getting dates with women.  Priorities!

I told Doug of another situation where we used a computer forensic expert to find hidden documents in the family computer showing undisclosed bank accounts of the marriage.

Text messaging is becoming the way people communicate these days.  In divorce litigation, sometimes getting text messages in a useable format for a court hearing can be challenging.  I told Doug of using the iPhone's screen shot capabilities for capturing images of text messages off the screen.  We also discussed sending a cell phone to a computer forensic expert for analysis.

In giving advice to people regarding social media, I reminded Doug that people should be careful of what you post in the public media.  The picture of you partying today may be the evidence in your custody case tomorrow. 

Also people need to be aware of the legal restrictions on accessing a computer that you don't have permission to access.  For example, a Wife suspects foul play by Husband, so she gets up in the middle of the night and gets on Husband's business computer.  She doesn't know the password, so she guesses at possible passwords until she lucks on to the right one.  On his computer, she discovers emails talking about an affair with a co-worker and documents showing a hidden bank account where he pays for his trist.  She is computer savy so she installs spyware on his computer that will send her emails about what he's doing on the computer.  Big Billboard -- None of this is legal.  There is a guy in Austin who is being prosecuted for doing this type of thing.  It is a violation of the law to access a computer that you don't have permission to be on.  It is a violation of the law to access a person's email that you don't have permission to be on.  It is a violation of the law to install spyware on a person's computer that intercepts electronic transmissions that you don't have permission to see.

The best plan is to have an expert in computer forenics help do an investigation.  Don't try to be your own investigator!

The interview should air in mid-May.  Thanks Doug!

Mistaken Paternity Bill Passes Texas Legislature

Senate Bill 785, relating to the termination of the parent-child relationship and the duty to pay child support in circumstances involving mistaken paternity, has passed both houses of the Legislature and was sent to the Governor for signature today. The vote was unanimous in passing the bill. Rep. Harold Dutton (D-Houston) recognized early on that technological changes required a serious reconsideration of public policy in paternity situations.

The bill provides a limited remedy for a man whose paternity regarding a child has been previously established, but who later discovers a reason to doubt the truth of his paternity, to raise a challenge in court.  A man in that situation will have one-year after he discovers the doubts as to paternity to file the challenge in the court that determined the paternity.  After filing his challenge, he can request DNA testing be conducted.  If the DNA test results exclude him as the father, the court must terminate his rights to the child as well as any obligation to pay child support. The law does not allow the man to challege the payment of child support while he thought he was the father -- what's done is done, according to the new law.

For fathers who currently have a reasonable doubt as to their paternity, the law allows one year from the effective date of the law, September 1, 2011 to September 1, 2012, to raise challenges.

Here's the text of Senate Bill 785.

Am I Even Married? (Common Law Marriage)

     An Excerpt from the book, "Basis of Texas Divorce Law" co-authored by Michelle May O'Neil and Ashley Bowline Russell

Posted by Michelle May O'Neil on April 18, 2011

     A common law marriage is when a man and woman agree to be married and live together in Texas as husband and wife while representing to others that they are married.  Contrary to popular belief, there are no time requirements for establishing a common law marriage.  Provided there's an agreement to be married that the couple tells other people about, a couple could live together for one day, to establish a common law marriage.

     There are two ways to dissolve a common law marriage. The first is through traditional legal divorce procedures.  The second option is to separate and wait.  According to Texas Family Code, if no lawsuit to determine marital status is filed within two years after the separation of common law spouses, the law presumes there was no agreement to be married.

     Practically speaking, if there are children resulting from a common law marriage, it is better to pursue a traditional divorce.  This is also true if the two spouses obtained substantial amounts of property during the term of the marriage, as a divorce is an easier way to divide the property than through a traditional suit for partition between non-spouses. 

IRS Forms and Information Resources

 

Posted by Michelle May O'Neil on April 11, 2011

Jeanne M. Hannah is a family law attorney in Traverse City, Michigan who has written an excellent family law blog for a number of years. She recently gathered links to a number of IRS tax resources and publications and published them in her blog. The following is the text of her post of March 14, 2011:


 

The IRS has released updated publications and forms that help divorced and divorcing people understand and deal with these issues:
  • income tax filing status
  • the right to claim tax exemptions
  • how to protect against tax liabilities arising from FOC intercepts of tax refunds on joint returns when, in fact the intercept is for child support arrearages of only one spouse and some of the tax refund belongs to the other spouse.
  • how to claim "innocent spouse" relief from liability caused by unreported income by the other spouse are now available.

 

See, in particular, IRS Publication 504 Divorced or Separated Individuals [January 10, 2011]

Other recently published and/or updated publications or IRS Forms that family lawyers' clients will find helpful and informative are:

Injured Spouse Relief: IRS Form 8379 is filed by one spouse (the injured spouse) on a jointly filed tax return when the joint overpayment expected was applied (offset) to a past-due obligation of the other spouse (e.g., a tax intercept for unpaid child support arrearages. This is how the injured spouse recovers her tax refund. See also the instructions for using Form 8379 here.

IRS Publication 971. How to Claim Innocent Spouse Relief. [Revised February 2011]

Innocent Spouse Relief: IRS Form 8857 is used to request exemption from tax liabilities cause by the under-reporting of income by the other spouse on a joint return filed during the marriage. See also Instructions for Filing Form 8857

Other recently revised publications of interest to those recently divorced or divorcing are these:

Publication 501: Exemptions, Standard Deduction, and Filing Information [Published January 5, 2011]

Publication 544: Sales and Other Dispositions of Property, including transfers to spouse, rollovers or retirements accounts

Publication 555: Community Property, including information about how to handle income from separate property [Revised December 2010]

Publication 590: Individual Retirement Arrangements (IRAs) [Published February 3, 2011]


 

Hat tip to Dick Price for posting this helpful article.

Coping with Divorce-Related Anger continued...

Anger
By Jane Nahirny

Posted by Michelle May O'Neil, April 4, 2011

 

 Using children as human shields in the divorce battle is a common way to fan the flames of divorce anger. Many scenarios are possible, all of which are damaging and punitive to the children: the custodial parent withholds visitation from the non-custodial parent; the non-custodial parent refuses to pay child support; the custodial parent "forgets" to pick the children up; or the non-custodial parent is hours late in bringing them back. "We forget what's best for the children because we are so intent on getting that other person," writes Ahrons. But "getting back through the kids is hitting below the belt." 

Divorce anger is also often expressed through the legal process itself. Here, it's very important to remember that your lawyer is your advocate, not your therapist or best friend. Expressing anger to your ex-spouse through the legal process invariably leads to prolonged, emotional proceedings that will ultimately leave you -- and the family resources -- drained dry.

Using the court as a venue to vent your anger is a bad idea for a couple of key reasons: it's the wrong venue, and it's very expensive (financially and emotionally). Unfortunately, the legal divorce process itself tends to add fuel to the fires of anger. Dividing property (some of which has great sentimental value) and trying to prove your case for custody and/or support can be very emotionally charged because these issues underline what is being lost or changed because of your divorce. Some degree of upset is inevitable, but driving yourself alongside your ex into bankruptcy is truly cutting off your nose to spite your face.

So how can you cope with this new and intense anger? The key lies in understanding its roots, and in finding constructive ways to express the hurt, disappointment, and loss that both you and your former spouse are feeling now as you proceed through separation and divorce. "Anger can really be a very healthy and positive tool, but if we use it destructively, all we do is scare people and alienate them," stresses Dr. Andrea Brandt, Ph.D. M.F.C.C., and a specialist in anger management with the California-based LifeWorks Company. "People have to learn to have anger work for them, not against them."

Here's some advice about coping with your own and your ex-spouse's divorce-related anger.

If you're angry:

Write it out. Work through your anger by keeping a journal or by writing letters you don't mail, suggests Dr. Brandt.
Shout it out. "If you can roll up the windows in your car or put your head in a pillow and scream, it can drain some of that negative energy out of your body," she adds.
Talk it out. It's important when you're angry to develop your own personal support system. Instead of directing your anger at your ex-spouse, talk to a good friend (or two), or find a therapist who specializes in anger management.
Get some professional help. "Remember -- anger acts as a shield. Your anger suppresses other vulnerable feelings that may be too hard to deal with. It's easier to feel angry than to feel lost, confused, and worried," says Dr. Mirman. "Talking to a professional can help you begin to feel those emotions you've been supressing and move past the anger." You could also benefit from a support or anger-management group where you can share your story. "Support groups help people develop much greater self awareness around their anger," explains therapist Deborah Rodrigues. "They remove the sense of isolation and help people move to a position of growth and development."
Re-examine your "core beliefs." When we point a finger at another person in anger, we're really pointing three fingers back at ourselves, says Sharon I. Roach, S.S.W., a certified Core Belief Engineering practitioner. "Often, anger is based on something that we observe in early childhood and form a belief about. The problem is that as we grow older, our beliefs and decisions can become outdated."
Take responsibility for your part of the marriage break-up. "It's a rare couple in which both partners were exactly equal in the breaking of the marriage, but it's an even rarer couple in which one partner was solely at fault," writes Constance Ahrons in The Good Divorce. Do some personal growth work. "Anger is a great motivator towards action and can propel you to take steps in your life to change situations," says Cynthia Callsen, a New York-based counseler and psychotherapist. "Your anger can help you identify old patterns, and then you can take the steps to stop repeating them."
Learn what "pushes your buttons." Try to understand your anger -- and what triggers it -- before you express it. Don't be afraid to say that you need some time to think about your response.
Protect your children. Never make them part of your conflict with your former partner by withholding visitation or support or poisoning their minds against your ex. "For the sake of the children, if for no other reason, learn constructive methods of expressing anger," Ahrons says.
Keep conflicts at a moderate level, Rodrigues advises. "The other person will often match your level of intensity." And be sure to choose your battles carefully. "Expressing every little irritation and disagreement provokes resentment. Think about the most important issues -- and let go of the small stuff."
Use "I-messages" when expressing anger. Say: "I feel disappointed when you don't call," not: "You stupid idiot, you're always late!"
Give yourself time to recover from the loss of your marriage. On average, experts say that the healing process takes about two years. "It's important to realize how sad you are," says Ahrons. "This won't necessarily make you more vulnerable to your ex-spouse; your successful handling of your emotions puts you in a more powerful position."
Forgive, let go, move on. Anger can become a comfort, a constant in our lives, but as long as you continue to nurse your anger against your ex, you will never have a happy, fulfilled, post-divorce life. Own your responsibility for the break-up, and realize that you have the power to make the choice to forgive and move on, or stay angry and remain stuck. It doesn't matter what your ex does, you can still choose forgiveness. (For more on this topic, see "The Power of Forgiveness".)
 

If your ex is angry:

Listen to and validate your ex-spouse's comments. "Your ex may be feeling like he or she isn't being heard," says Callsen. "By really listening to his or her concerns, you may realize where the anger is coming from and identify what you can do to help." It also really helps to defuse the situation, by saying something like, "I understand why you're angry with me."
Don't be afraid to take a "time-out." Walk away from an anger attack if you can't handle it. "You can always say, 'I'm not going to talk to you until you calm down,'" suggests Callsen. "You might be feeling angry yourself that you were just attacked. So walk away, or end the call. Put limits on what you'll take and how you'll be treated."
Get some assertiveness training to boost your self-esteem. "Anger is like a fire that must be burned up into the ashes of forgiveness," writes Ahrons. "If we are passive, it is like throwing more logs onto the fire..."
Use your response to defuse the situation. "When someone is angry, they're likely to pull in a million different issues," says Rodrigues. Insist on dealing with each issue separately, and one at a time. You can also try agreeing with your ex, she says. "When you say 'Yeah, you're right,' it tends to quiet people down pretty quickly. There's nowhere to go with it, so eventually the anger shuts down."
Try not to take your ex-spouse's comments too personally. "Remember that anger is a projection of one's own inner feelings and one's own world," says Roach. Rodrigues agrees: "Accept the fact that this person is angry because they're going through turmoil. It's not your anger, it's theirs, so don't own it."
Stay calm. It can really help de-escalate the anger, says Rodrigues. "Tell yourself 'I can handle this' during an angry phone call from your ex. Relaxation techniques, such as deep breathing, can also be effective when you're listening to someone who's really angry." A mantra can be helpful, too, adds Brandt. "If I'm speaking with someone who's really angry at me, I'll always say silently to myself, 'This is good for our relationship.'"
Learn to recognize your own hot buttons.When someone pushes one of your buttons, your response is going to be way out of proportion to the offense. "Other people's feelings and words are simply information," stresses Roach. "If you're affected by them, there may be something that trails behind them from your history that is bothering you."
Try to feel a little compassion -- no matter how hard that may be. "Now that the relationship's over, the other person is probably feeling fearful and threatened that they'll never love again or they'll never see their kids," says Rodrigues. "Try to hear what's underneath the anger. Quite often, it's fear, pain, or shame." Showing empathy or compassion for your ex can go a long way to defusing his or her anger.
Be honest with yourself. Recognize that when someone is angry with you, there may be something in what they're saying. "Very often, you might hear something that's really valuable," says Brandt. If your ex is yelling at you, you can choose to think he/she's a jerk and start yelling back, or you can "dig for the gold" in what he/she's saying. Keep the gold; discard the dirt and rocks.
Value your safety above all else. If your former partner's divorce anger seems to be headed in a dangerous direction, put some boundaries in place and communicate through a third party. "Threats should always be taken seriously," advises Rodrigues. "Remove yourself from the situation and refuse face-to-face contact if you sense any danger at all... put the answering machine on and screen your calls."