Holiday Visitation Plans

With Thanksgiving having just passed and Christmas on the horizon, I thought it would be helpful to address holiday visitations. This can be a difficult topic to sort out, especially because it is rarely spelled out in a custody order. The parents have to decide what is best and fair for their kid(s) and themselves. There are about three logical ways to go about organizing holiday visitations:
Alternate
This plan is good for parents who do not get along very easily and hopefully aids in a less stressful holiday. The idea is that one parent would get one holiday, such as Thanksgiving, every even year while the other parent would get that holiday with the kid(s) every odd numbered year. This plan works best when every holiday is paired up with another. For example, if Mom gets the kid(s) on Thanksgiving every even year, then she should have the kid(s) for Christmas every odd year. This way each parent has the kid(s) for about half of the year's holidays each year. This requires a lot of planning all at once, but with the hopes that holiday visitations for all holidays for the next few years is set. And this doesn't mean that, continuing with the above example, that on the even years when Mom doesn't have the kid(s) for Christmas, she can't celebrate Christmas at all.  Instead she could plan her own Christmas on December 20th for those even years.
Split
This plan allows both parents to spend every holiday with their kid(s). This plan is simple to explain, but harder to execute. Essentially every holiday would be split in half, with the kid(s) spending part of the day with each parent. A lot of planning prior top each holiday is required so that the kid(s) don't spend majority of the day traveling from one parent to the other.
Assign
This plan would work best for parents who are of different religions, but can work for all families. With this plan, each parent is assigned holidays that they will always have the kid(s). Again, this requires planning upfront, with the hopes that holiday visitations are set.
Holiday visitation plans are unique to each family. Communication between the parents and the kid(s) is vital to creating a plan that makes everyone happy. It may require some trial and error, or a combination of the above plans. But remember to stay positive, open-minded- and cooperative while keeping your kid(s) interests in the forefront of your mind.

Boston Rising Star Award

On November 12, 2015 I was awarded as one of the National Law Journal's Boston Rising Stars. The nomination process for this award began in the summer of 2015 and a list of honorees was published in September. I was lucky enough to be chosen by many of my mentors and peers as one of the few recipients of the award. A Rising Star is a lawyer who has been practicing for 10 years or less and is younger than 40 years old. It was a great honor to receive this award and the acknowledgment for my work by so many important voices in this field that comes with being chosen. I extend my congratulations to the other recipients and I am excited to see who is chosen next year.

SERV

On Monday November 23, 2015 I volunteered at the SERV program at the Suffolk County Courthouse. This program is a free legal advice service where lawyers can volunteer their time to advise individuals and/or couples on family matters. I was one of three lawyers working that day and each of us worked with about four cases. I helped draft custody agreements, fill out financial statements, begin the divorce/separation proceedings, all while attempting to mediate all parties involved.
This program is great for both those who use it and those who volunteer. Individuals who cannot afford a personal lawyer and have not been able to make headway on their case due to logistical issues or the inability to find a resolution between the parties can have the opportunity to work with a neutral person trained in family law. But as a lawyer, it is a hands-on way to work on my meditation skills, practice with court forms in a fast paced environment, and to have the opportunity to help people for just a few minutes, which is a very different setting from working with a firm client.
I plan to be back at SERV soon and I encourage any in the Suffolk County in need of legal advice to stop by on a Monday morning.

Disabilities and Divorce reality v. myth

/http://www.disabilityscoop.com/2015/11/03/parents-buck-divorce-trend/20928

 a reason article posted by  DisabilitySCOOPE maintains that divorce case amongst parents of children with developmental delays are as likely to obtain a divorce.  This article is  a great read and surprise in the phrase in conventional stereotypes

Making a Difference 2015

On Tuesday Nov. 10th from 8:00am to 3:30pm at the Best Western Royal Plaza Hotel and Trade Center, Marlborough, MA, the 4th Annual Conference for SEPSs, DCF Foster/ Adoptive Caregivers, and the Professionals Who Sever Them will be held.
Join us for a conference supporting Special Education Surrogate Parents, foster and adoptive caregivers, and professionals in their important work helping DCF-involved children grow and succeed!
Learn about topics applicable to the work you do. Network with other surrogate parents, caregivers, child welfare professionals, educators, and exhibitors. Leave feeling more confident and empowered to help children and families in school and at home.
Keynotes
-The Behavior Code: Providing Support for Our Children
     Nancy Rappaport, MD; Cambridge Health Alliance, Harvard Medical School
-What's New in Special Education
     Marcia Mittnacht, State Director of Special Education
Workshops
-Developmental and Educational Implications of Toxic Stress
     Heather Forkey, MD; Univ. of Mass Children's Medical Center
-IEP and School-Wide Strategies to Prevent Bullying of Students
     Leslie Hughes, Massachusetts Advocates for Children
-Transition to Life After High School: How Do We Get There
     Marily Weber, NESCA
-Trauma Assessments and Trauma-Informed Programming in the School Setting
     Jennifer DelRey, PhD

Student Discipline Presentation

Tonight I will be presentation on student discipline on behalf of the Federation for Children with Special Needs. It will cover all matters relating to student discipline, in particular those relating to students with disabilities, and will be held at 88 Lincoln St, Framingham, MA.
Come one, come all! It is free :)

Federation for Children with Special Needs: fcsn.org

Vaida v. Vaida

November Case Summary

Vaida v. Vaida

13-P-I827

The plaintiff, Nancy C. Vaida (mother), appeals from an order for summary judgment on her complaint seeking that the defendant, George A. Vaida (father), pay post minority support for his twenty-three year old physically disabled son.

 

The parties had three minor children. While the parties were separated and divorce proceedings were pending, two of the minor children were injured in a terrible car accident. As a result of the accident, Evan became a partial quadriplegic. The father was wholly responsible for the injuries that the children sustained. The mother subsequently filed a civil suit against the father.  While the suit was pending, the divorce was finalized.

 

The question before the court on appeal was whether a person of full mental faculties could receive post minority child support. The court held that post minority support is not available to adult children who are not incapacitated persons placed under guardianship. The court went onto say that a guardianship would not be appropriate as Evan had full mental faculties. The court also found that equity jurisdiction was not appropriate as the court’s role is to “enforce existing obligations . . . and not create new obligations.”

Comment: This case is important because it establishes principal and post minority support is only allowed in guardianship of incapacitated persons. If you have a disabled child you will need to do some advanced financial planning.

Special Needs Alliance Website