Newspaper Page Text
♦ SATURDAY, DECEMBER 29, 2007
8A
New Yean signals start of new child custody rules
Dear Readers, When
the New Year rolls
around, significant
new rules for child custody
cases will apply to new fil
ings. This comes on the heels
of major recent child sup
port changes, with which we
are all still struggling! Some
of what has been enacted
is helpful, but the parenting
plans are a nightmare.
Changes to child elections
of custody have been long
overdue. Currently, a child
who turns 11 years old has
the right to talk to a judge
about custody; once the child
turns 14 years old, the child
has virtually an unfettered
and absolute right to choose
between the parents.
And, the mere fact of a
child reaching these ages can
be a triggering “change of
circumstances” permitting a
switch in physical custody.
New Year's resolution: I will lead leaders
It’s time for your annu
al New Year’s resolu
tions. Will it be the
same old broken ones from
past years? Lose weight.
Spend less. Exercise. Spend
more time with the family.
Clean the garage.
I suggest you give seri
ous consideration to a major
change you could easily
make in your approach to
work. This resolution could
give your organization bet
ter results while making life
more enjoyable, both for you
and for those over whom you
have authority!
“Not possible,” you say?
“Ah, very possible!” says
I. Consider this idea. How
would your behaviors be dif
ferent if, in the coming year,
you were leading leaders
instead of leading followers?
No, I’m not suggesting you
fire everyone on your staff
and hire all new employ
ees. I’m asking you to think
about how you limit your
self when you presume that
you are the leader and the
people over whom you have
authority are your “follow
ers” - that these people
“work for you.” What if you
started working for them
instead? That is, you work
to give them direction and
to empower them to make
decisions consistent with a
clearly described vision of
what the organization could
be?
We humans naturally
think in terms of opposites.
There are followers and
there are leaders. You are a
leader, so it is natural that
those people who look to you
for directioil would be con
sidered followers, right?
But just for the time
it takes to read this (and
maybe a few minutes lon
ger), think about how your
behaviors would be different
if you gave direction to and
collaborated with “leaders.”
I warn you, I’m going to
mess with your mind a little
bit here. But that’s because
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I have
a child- W If
i " n
benefit of
my clients,
but I hated
f ° liru, f Jim Rockefeller
SO. Why? Th e “Law” man
First, it
puts the child smack-dab in
the middle of a custody fight.
Second, you can have situ
ations with a child flipping
back and forth on custody,
depending on which parent is
the most generous, the most
lenient, or with whom the
child is not angry. Giving a
teenager this type of absolute
authority is just a recipe for
disaster.
The new law fixes the “flip
flop” potential created by t
election rights. No longer
will the mere fact of a child
ers to your '
improve- j «
ment are
in your i *Jr
mind, not ifHufeKgflrf?
in your HB
work- jpjKy
place! : \-0:
W °, U | d Dennis Hooper
you dele- Leaders Bu iidi£
gate more? Leaders
Would you
share information more free
ly? Would you work harder
to understand their perspec
tives? Would you seek feed
back more often?
Why would you (or any
one) want to do such a
thing? How about for great
er freedom? If you were to
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turning 11 be a basis for
a change in physical custo
dy; though a child turning
14 may still trigger such a
change.
Even so, a 14-year-old will
have a “presumptive” right
of election, to be honored
only if a judge determines
the selection is in the child’s
“best interests.”
Moreover, this selection can
be made only once every two
years. Thus, the indiscrimi
nate veto power a 14-year-old
has been able to wield will
soon be eliminated.
Yet the biggest changes will
be the new “parenting plan”
requirements. They are
designed to be an “account
ing” setting forth the precise
specifics, in almost mind
boggling detail, for custody
rights, responsibilities, and
visitation. They are new
to Georgia but have been
empower your direct reports
over the next year, would
they make decisions on their
own that they now seek from
you? Would that free you up
with more time for higher
valued activities?
Keep in mind that you’d
have to give them proper
guidance. You’d have to
release responsibility to them
gradually, as they showed
they were able to handle
it. But if you intentionally
developed their skills and
judgment over the next year
... hmmm.
So what would be required
to make this mental para
digm shift? Just because you
started thinking differently,
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OPINION
Check out 8B for our other
regular columnists
used for years in many other
states. My understanding
is that our judges are trying
to come up with a format
to comply with the law, but
the draft form is already 10
pages long!
Speaking as a family law
attorney, I am not looking
forward to parenting plans.
As a practical matter, I do not
envy our judges when dealing
with unsophisticated “pro
se” litigants. Between work
sheets and parenting plans,
it will be virtually impossible
for attorneys to quote “sim
ple” low-cost divorce fees for
less fortunate families; cus
tody agreements will be a
drafting hassle. Things will
it wouldn’t make them any
more competent. Or more
committed. Or more moti
vated.
On the other hand, you’ve
read that people tend to
respond the way you treat
them. Are some of your
direct reports frustrated
because you treat them like
children? How would you
know? Would a couple of
them who you trust be will
ing to give you some straight
feedback?
Think back to some of
your previous bosses. How
would you have responded if
there had been a step-change
increase in the responsibility
you were given? Would you
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be particularly tricky when
the parties cannot agree,
with each party submitting
their own plan and a judge
trying to choose between the
competing terms.
Custody hearings may also
have to change. Currently, a
judge decides both custody
and visitation simultane
ously. However, if both par
ties are required to submit
detailed visitation plans, I’m
not sure how a judge can
rule on everything in a sin
gle hearing - first you decide
custody, then you consider
parenting plans.
As you can see, some of
what the legislature has
done is a welcome change;
have taken advantage of the
opportunity, or would you
have jumped at the chance
to show what you could do?
Make no mistake - the
transition won’t be. easy.
In the short-term, it will
be more work for you. For
a period of time, you’ll be
tempted to give up and go
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parenting plans, however,
may prove to be quite the
headache! It is a shame there
are not more lawyers serving
in Atlanta to think through
these consequences. Georgia
citizens with children will
soon be paying even more
money to hire attorneys
for divorces; a hidden “tax
increase” for Georgia’s fami
lies courtesy of our elected
officials.
Locdl attorney Jim
Rockefeller owns the
Rockefeller Law Center and
is a former Houston County
Chief Assistant District
Attorney, and a former
Miami Prosecutor. E-mail
confidential legal questions
to ajr@rockefellerlawcenter.
com. Visit www.rockefeller
lawcenter.com for Frequently
Asked Questions and
Jim’s blog, The Rockefeller
Report.
back to the way things were.
But if you stick with it, 2008
could be a great year!
Dennis Hooper helps lead
ers make the transition
described in today’s article.
To talk with someone mak
ing this transition, contact
Dennis at 478-988-0237 or
dhooper2@juno.com.
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
organizations of excellence
(478)988-0237
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