Tuesday, September 16, 2008

Parenting Plans

Effective October 1st new law goes into effect regarding what is commonly referred to as custody. I say commonly because the current legal terms do not provide for that designation but rather for primary and secondary residential care. The new language change will do away with the terms "primary" and "secondary" residential parent. Instead the Court will devise a parenting plan that will address, among other things, the details of the time-sharing arrangement. The idea is to make the legal designation less of a win-lose but rather start with the notion that both parents will work together and then just try to define who will do what when. I think the idea behind the change is noble but I wonder how parents generally will take to it. Even now custody should not be seen as a win-lose and yet sometimes I have people say just that to me. Pinellas County Circuit Judge John Lenderman has provided the local bar associations sample blank plans and I hope to post or link one on this blog in the near future. It is my understanding that even old cases seeking modification if heard after October 1st will be required to submit the parenting plan so it is something anyone involved in this arena needs to look at closely.

Friday, September 5, 2008

Long range planning

For those of you that have taken any Myers-Briggs type personality tests, you know that one of the things they examine is whether you are future or past oriented. I am truly future oriented. That trait spurs me to work proactively evaluating and planning my clients' cases. It also got me thinking last night why, as a nation, we did not see the "energy crisis" coming and plan better. I wonder if we can do better with the global warming crisis that may be around the corner, if not already here. Long range planning can seem complex or unnecessary in our culture used to immediate gratification but I sure think we can do better. Of course, the main planning I will be doing over the next 2 weeks is keeping my eye on those hurricanes out in the Atlantic. I recommend wunderground.com as a good source on the projected computer models.

Thursday, September 4, 2008

Speeches

Being a political science major, I have been intently watching all the political speeches at the Republican National Convention this week and the Democratic National Convention last week. The cadence of the delivery is so interesting to me. When I have given speeches or arguments to the Court, I always find the timing difficult to perceive when I am in the midst of it. For those of you who have heard me talk, especially about something I am passionate about, I really zoom. Judges have told me more than one time to slow down so the Court Reporter can get it all down. For me, that task is next to impossible though I have gotten a little better with age, plus I have learned to give the Court Reporter a copy of all my case cites and often my notes beforehand. I certainly admire those gifted at public speaking as well as those that write the lines we remember.

Wednesday, September 3, 2008

Conversations

As you can tell from my lack on entries for the last month or so, I've been busy. Now my family is finally getting back into the school year rhythm. Though, my youngest one complains daily about the cafeteria noise ("Don't like it Mama") and I feel for her. Unwanted, loud noise has always bothered me though I know it's something she'll just have to adjust to. In time, I have no doubt she probably be the loudest one in there. It is hard to really communicate in that kind of environment. Sort of analogous to communicating with someone when you don't really mean what you say or say what you mean. I have heard from various experts in my line of work that the key to effective communication is doing just that - saying what you mean and meaning what you say. Easier said than done! What about the person who really doesn't want to hear what you have to say? Or the person who would rather just pretend there is no issue to discuss ... the ignorance is bliss type. What if you are trying to talk to a person like that? I still think you have to try. You can only change your own actions, not others, but still trying to connect is kind of the point. So I guess no matter how loud the chatter or how difficult the subject, you still put one foot in front of the other and try. I hope your background noise settles down to a reasonable level and all your conversations are spirited and true.