Making summer plans?

It's that time of year to file tax returns and to designate periods for summer possession and vacation.  Most orders read that the non-custodial parent, let's say John, must notify the primary parent, Jane, by April 1st of when and how he plans to exercise his 30 days of summer possession.  He can choose 30 consecutive days or he can break it up into no more than two periods such as 1 week/3 weeks or 2 weeks/2 weeks.

If John does not notify Jane by April 1st, then he can no longer "pick" his period of possession.  It defaults to the period of possession outlined in the order which is normally the entire month of July.

Once April 1st passes, Jane then must notify John of the one weekend she is allotted to exercise during his 30 day period.  For example, if John has the kids during the entire month of July, Jane can designate July 4th weekend as the weekend that she chooses to exercise.  She can also designate a weekend of John's regular periods of possession (1st, 3rd, 5th weekends) in June or August so long as she doesn't choose Father's Day.

Please note that the above is based on Standard Possession language.  Please refer to your order for specific dates that you must notify the other parent as well as the number of days you have been awarded in the summer. Also, you and the other parent can always agree to a possession schedule above and beyond what is in the order, just be sure to get it in writing!  

Federal Adoption Credit for 2011, 2012, and now 2013

Did you know that the federal government offers adoption benefits in the form of a tax credit?  This is great news for those who are in the process of adopting a child or considering adoption and have paid thousands in attorney's fees, adoption agency fees, and travel expenses.  This credit allows families to exclude up to $12,650 from your income for qualified adoption expenses and may also be able to claim a credit of up to $12,650 if your employer provides adoption benefits as well.

If you're interested in adoption or have already adopted a child but didn't claim the credit, contact your attorney and accountant to discuss further.  You can download the appropriate form (8839) and read more about the credit at http://www.irs.gov/pub/irs-pdf/i8839.pdf.

Don't "fall" into the coparenting holiday dilemmas

It's beginning to feel like fall here in central Texas and excitement is in the air for our favorite holidays - Halloween, Thanksgiving, and Christmas.  It's also the time of year for coparenting holiday challenges.  With the increase of divorce, two separate homes for children, the addition of step-parents, siblings and extended family, it's a challenge for all families to schedule all those trick or treating sessions, family dinners and gift exchanges.  As an attorney, I often hear from my clients this time of year for advice on how to handle these challenges without resorting to "attorneys" and "court" to enforce the orders regarding holiday possession.  In most instances, the final orders are very specific as to which parent has each holiday.  However, I often have to remind my clients that the spirit of a final order is to facilitate a coparenting relationship and not as the be all end all for everything.  You can agree to something entirely different from the what's outlined in the final order.  Work together to do what is your children's best interests for every holiday.  Remain flexible.  Be agreeable.  Meet each other halfway. If your ex-husband has children with his second wife, then work with him to allow your children to create Christmas memories with their younger siblings on Christmas Day and other holidays.  You and your children will be glad that you did.

LGBT Family Law Institute

The Law Office of Jennifer R. Cochran P.C. is pleased to announce that Jennifer Cochran will be attending the National LGBT Bar Association's annual Lavender Law Conference in August in D.C.  She has also been accepted to the LGBT Family Law Institute 2012 during the Lavender Law Conference.

"The Institute, a joint venture of the LGBT Bar and the National Center for Lesbian Rights, allows experienced LGBT family law practitioners to share collective wisdom and to discuss cutting-edge legal strategies for representing members of the LGBT community on such matters as family creation, assisted reproductive technology, ethics, interstate and international parentage issues, estate planning, collaborative law, transgender issues, dissolution of relationships, and elder law. Registration is limited to 125 participants whose work history qualifies them as seasoned attorneys. To guarantee that the discourse remains at a high level, and to ensure that all participants are able to contribute meaningfully to the conversation, attorneys must apply to be accepted to the institute. Applicants are selected based on their experience with LGBT family creation, protection and dissolution."