Posts Tagged ‘Custody’

Parenting Plans for Pre-schoolers

Wednesday, July 21st, 2010

Children at this age learn to control their aggression and impulses, achieve a healthy sex role identification, and develop peer relationships. Clear roles and boundaries between parents are important, as children at this age are very rule bound and make the world more understandable by imposing rules they can count on. Notice this age’s emphasis on games that have rules, winners and losers. It is all part of becoming competent and learning how to play new games, concretely and metaphorically. This age child also feels very powerful, and is learning to wield his masculine or her feminine wiles. Male and female children benefit from having relationships with fathers and mothers, as they discover how men and women are different, and what it means to belong to the gender into which they have been born. Click here for more in parenting plans.  

For the preschooler, spending time in the non-primary parent’s home up to three nights per week is acceptable. Even 2-3 consecutive days are manageable for many youngsters. The every other weekend schedule may work well by this age, with additional time during 1-2 afternoons or evenings, and more frequent phone contact. No more than a full week should be spent away from either parent, if at all possible. For more on parenting plans, click here 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Parenting Plans for Toddlers

Tuesday, July 20th, 2010

The second year of a baby’s life is dedicated to exploring and gaining confidence and familiarity with the world. To do this, the baby must feel secure enough in his or her environment that energies are available to commit to the tasks of seeking out a larger world. Care must be responsive and consistent, so that the baby begins to feel some sense of control over separations and reunions. Click here for more information.            

Children at this age can spend daytime contacts away from the primary parent. Overnights are debatable. The team of experts brought together to study this issue for the state of Washington advised no overnights. Judith Solomon’s research indicated that for some toddlers, overnights were associated with signals of distress and less secure attachment to both figures in their life. In a follow-up report, she found that overnight visitation can disorganize a child’s attachment strategies, but such disorganization does not necessarily pervade the overall mother-child relationship. That is, the children may be more sensitive around separations, but this does not carry over to a longer term prognosis. Moreover, parents who have divorced early in their children’s life report that their child can spend overnights once or twice a week without exhibiting signs of distress. Since we do not know whether children will show stress symptoms later as a result of early separations, it is best to use caution in designing arrangements.

Two to three full days, non-consecutively placed, should work for many toddlers just starting visits. However, many children respond well to regular, full-time day care when such care is of high quality. Thus, children spending that time with another parent should theoretically be able to adapt as well.

Older Toddlers – The Third Year of Life

At this age, children are expressing their autonomy in more ways, actively initiating separations from parents to find out what else the world has to offer. They are discovering what is unique about them, how they are different and similar to other children around them. Children in this age group want to learn as much as they can about everything, and the world is their playground. In order to explore safely, they need consistent rules and limit setting, gentle but firm guidance, and assistance in managing their disappointments and frustrations when they hear the inevitable “No!”. Verbal explanations of parental behavior is important, as the children are using language increasingly to manage their own behavior and to understand how to respond to new situations and feelings. 

Older toddlers can spend as much as 3 days with the non-primary parent. If the parent is familiar and an ongoing part of the child’s care, overnights are more likely to be successful. Consecutive nights are still not recommended, and more than 2 nights per week may be too taxing psychologically. A conservative route indicates that when the child is in the latter half of the third year, you introduce an overnight and see how the child manages. If this works, the you could try a second overnight later in the week, but be ready to back off if the child begins to send you distress signs. For a terrific article by Dr. Phil, click here 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Parenting Plans: The First Year of Life

Wednesday, July 14th, 2010

Unfortunately, too little research has been conducted regarding children’s responses to various schedules to have an empirical idea about what types of schedules work for which kinds of children and families. This means that parents are still largely on their own in setting up a schedule – using common sense and compassion about what the schedule is like for your children is still the best guidelines. However, experts in the field were gathered by the state  to make recommendations about optimal schedules based on what we know about the “average” child’s capacity to manage time away from the primary caretaker(s) and still feel secure, and to handle multiple transitions. Click here for a great article on parenting plans.   

The First Year of Life

In the first year of life, primary tasks for the infant include stabilizing physical routines of feeding and sleeping, and learning to trust the world through predictable contact that is nurturing and responsive to needs for feeding, diapering, and comforting on demand. Most children develop a primary attachment to the person who is responsible for their care, but they are capable of developing attachment to a second or third caretaker as well. Emphasis on predictability and familiarity facilitate healthy development for infants.

Most experts agree that for children under one year of age, the time spent with a “non-primary” parent should be consistent, predictable, and regular. Anywhere from daily to as many times a week as possible for short time periods is useful. Overnights are not recommended, and separations from a primary caretaker should be kept to eight hours or less. The easier the child’s temperament, and the more comfortable the parents are with the child in either parent’s care, the more frequent the baby’s time with the second parent can be without causing the child undue stress.

Having a primary home with 2-3 hour visits sprinkled throughout the week optimizes both parents’ opportunities to learn about who their baby is and what he or she needs. For some additional information on parenting plans, click here 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Some Common Shared Parenting Schedules

Monday, July 12th, 2010

For parents who want to share their children’s time more equally, there are many possible schedules. Some common ones are:

  • every other week,
  • every two weeks,
  • Monday morning through Thursday morning and Thursday afternoon through Monday morning,
  • Wednesday morning through Saturday morning and Saturday morning through Wednesday morning,
  • September through June and summers for parents who live in different states.

Every schedule has different pluses and minuses associated with it. Which schedule works for your family will depend on how close you live to the other parent, your work schedules, ages of your children, the children’s individual temperaments, school demands, and their hobbies and activities. The schedule you choose should depend on how important it is for the children to be in the same house during weekdays (i.e., school nights) and how well your children adapt to the transition between homes.  Can your children organize their school work when they make transitions between homes during the school week? If they have religious, sports, music, or other training on a regular basis, then maintaining the consistency of such classes is important. Children shouldn’t have to miss activities on a regular basis because they have to be at the other parent’s house. For a great article on shared parenting, click here.  

How children go to school and return home also will affect your schedule. Do they need to be driven, can they switch busses, are they in a carpool?

Do your children have a maximum amount of time they tolerate being away from either of you?  The length of time may differ from their primary caretaker and their secondary, if that is how your family has been arranged in the past. All of these factors are considerations in determining the best parenting schedules.

Are There Alternatives to the Typical Shared Parenting Plans?

Some less common, but important, variations on schedules also deserve mention. For reasons that will become obvious in the descriptions below, these arrangements are harder to maintain than more common ones, and they often require greater cooperation and sacrifice on both parents’ parts. However, when values or circumstances dictate creative solutions, these are worth considering.

Parents who can successfully do it report great satisfaction with “nesting”. In this arrangement, the children stay in one place, and the parents move out of the home and into an apartment or family member’s home. Sometimes the parents share one other dwelling, other times they can afford to rent or own two different ones. Sometimes they each return to a parent’s or friend’s home as their secondary residence. Parents then move in and out of the family home according to the dictates of schedules that work best for them. Click here for an article on nesting.  

Sometimes parents live far away from one another. In these situations, children may spend school years with one parent, and longer holiday periods, vacations, and summers with the other parent.

When parents live near each other, they may choose to alternate the child’s primary residence every other year. The children do not spend much time living between homes, but they do visit the other parent regularly. However, each parent gets to be the primary parent some of the time, smoothing over the sense of one parent being the less central figure. This schedule, though often proposed, is counter to children’s best interests in most situations. This arrangement erodes consistency in discipline across phases of life, as well as the child’ sense of belonging in a home. 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

 

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Common Living Arrangements

Thursday, July 8th, 2010

The most common arrangement today is still for the children to live primarily with one parent and spend time with the other. How families spell out specific arrangements are as varied as families themselves. One common form is for the children to live with Mom, and spend time with Dad every other weekend and an evening per week for dinner. Sometimes the weekend ends on Sunday, and other times the children stay until Monday morning when they are dropped off at school. Variations on the theme include a cycle in which the child spends one overnight during one week, and a four day weekend (or a three day weekend) the following week. Click here for an article on living arrangements after divorce.  

Many divorce orders provide for “liberal and reasonable” access, without specification of a schedule.  This works out fine when parents communicate effectively and are flexible with one another.  This does not work when parents are unable cooperate, yet they enter into an agreement for “reasonable and liberal visitation” in order to gloss over problems in favor of expediting the divorce. In order to bring predictability and order into your lives, and your children’s, you should specify a schedule in your divorce agreement. Having a schedule in place need not discourage both of you from being flexible about rescheduling when either parent requests modifications. For an article on co-parenting after divorce, click here.  

All kinds of details can be written into an agreement to forestall problems particular to your family. For example, if you feel that your time with the kids is often reduced when they are sick, which occurs particularly with young children, you can write into the agreement that if a child is sick and has to miss a visitation, then compensatory time will be scheduled if it is not too disruptive to the child’s own schedule. Similarly, if your spouse hires a babysitter to watch the children when you would normally be available, you can specify that the other parent gets first right of refusal for extra time with the children. This is especially important to do when the child sees her parent fairly infrequently. By the same token, using your spouse’s desire to be involved with the children to call upon him/her every time you have some small need is taking advantage of the situation. You want him or her to be available for you without feeling imposed upon, and certainly the reverse would be true.  The idea behind “right of first refusal for babysitting” is that the spouses support each other, and that the children maximize the amount of time with each parent, and minimize the amount of time with babysitters. In the event such a provision becomes manipulative rather than supportive, such as when it is used to influence how  the other parent spends free time, it should be discontinued immediately.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Developing a Schedule for Living Arrangements

Wednesday, July 7th, 2010

The decision about with whom children will reside primarily may be a stressful one and can add to the ongoing conflicts between spouses. Therefore, you may be tempted to defer to your children to avoid the conflict and decision making. It is true that for older children (usually ten years or older), the court will consider where your child wants to live. This does not mean that you should ask your child with whom he or she wants to live. It is not uncommon for children to tell both parents that they wish to live with them; sometimes they change their minds based on whomever they are speaking to at that very moment. This may be a tactic to make each parent feel good, or the child may genuinely change his mind when with each parent. Children may choose the parent that they feel the most sorry for, scared of, or who has the least restrictive household rules. Your child is worried enough about the divorce situation without your adding to his concerns by asking him to choose between two parents. Click here for an article on living arrangements after divorce.  

If a child is given this decision, you run the risk of invoking guilt toward the parent that was not chosen. In addition, the parent not chosen could punish the child by showing displeasure.  Down the road, your children may become angry with you for passing this responsibility on to them, when it is one decision they wish you had made.

However, children often do have a preference, based more on their own needs for familiarity within their home and neighborhood than on a choice of one parent over another. They want to be near their friends, with the parent who has the best computer, with the parent who has more time to spend, or the parent whose home is most conducive to sleep overs with friends. Children can tell you where they’d like to live instead of with whom and  indicates that they want to be heard about WHAT matters to them, not who. Having their opinions considered makes them feel included, valued, and recognized as persons with independent needs.

Talk to your children along with your former spouse, and encourage them to express their preferences for schedule rather than place, and be clear that the adults will make the final decisions. For more on living arrangements after divorce, click here.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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How Shared Parenting Affects Children

Monday, June 28th, 2010

Like so many areas pertaining to the psychology of family law, our clinical wisdom far outstrips empirical knowledge based on research. Despite this limitation, we have some ideas about ways in which shared parenting benefits children and families.

Parents and children living in shared parenting arrangements, in which children spend significant amounts of time with both parents, report greater satisfaction with the arrangements than do their sole custody counterparts. The children see both parents more often than do children in sole custody arrangements, and the children like staying close to both parents. Children in families with joint legal custody, as well as those with joint physical custody, report greater father involvement than do children in sole custody families. The parents, both mothers and fathers, are happier with the arrangements, even when they were not initially in favor of them. Click here for a website of shared parenting resources.   

It is important to note, however, that these families may be self-selected, meaning that they were able to work out these arrangements between themselves as part of their divorce. Most of these families were not involved in bitter custody disputes.  Parents in shared parenting families generally have lower conflict from the beginning and describe their ex-spouse as an involved parent. Thus, in most studies people chose shared parenting voluntarily because of the values they share about mutual parenting.

Although studies are sparse enough to be suggestive only rather than conclusive, there is some evidence that shared parenting arrangements benefit children in several ways. The children have fewer behavioral and emotional problems and report fewer negative experiences with the divorce. Boys derive special benefits from shared parenting, and the contact it affords them with their fathers. Adolescent boys, in particular, choose shared custody arrangements over more traditional ones. In addition, dual residence teens of both genders report less depression and better grades than their sole custody counterparts. However, the research on this group also shows that children can do well in various types of arrangements as long as the parents provide support and firm guidance, combining closeness with parental control. This parenting style may be facilitated by shared parenting arrangements.

Mental health researchers have been especially interested in the effects on very young children, as this is the fastest growing segment of the divorcing population today. For young children, frequent father-child contact and the fathers’ sustained involvement before and after divorce were associated with a positive father-child relationship. Interestingly, fathers losing contact with children was less frequent among infants and toddlers who stayed overnights with their fathers. This would seem to recommend overnights as a vehicle for fostering paternal responsibility and closeness to their infants; yet many experts recommend forestalling overnights until children are older. This paradox requires that parents take into careful consideration how well their children are able to tolerate separations from their mother, the child’s temperament, and the strength of the father-child bond prior to divorce, and weigh all this against the likelihood of the father staying in the child’s life over time if the paternal role is established as central early on. Children can bond with more than one person, but creating a secure environment with both parents necessitates that parents organize childcare roles as soon as possible after separation, so that fathers establish themselves as another primary figure in the child’s life. Click here for more on shared parenting.  

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Shared Parenting (Co-parenting) versus Custody

Monday, June 21st, 2010

Custody refers to a legal arrangement, while shared parenting describes the actual activity between the adults. Often shared parenting, also called co-parenting, is interpreted to mean that parents are able to raise their children together, even if the parents are no longer marital partners. Cooperative and communicative parenting is optimal, but co-parenting can be effectively accomplished in less optimal circumstances, as long as parents can put aside their differences and stay focused on what their children need and deserve. This can take the form of parents discussing most aspects of child rearing. Or it can take the form of having each parent contribute primary decision making and authority in certain areas, with shared discussions when the parents are faced with complications or uncertainties. Click here for a terrific co-parenting website.   

For example, Juan and Maria agreed that through their co-parenting arrangement they both would spend significant amounts of time with their daughter, Valerie, each week.  Juan would take primary responsibility for religious upbringing since that was of utmost importance to him; as an elementary school teacher, Maria would take primary responsibility (with input from Juan) for decisions about what kinds of preschool experiences Valerie should have before Kindergarten. They would discuss any medical and mental health decisions, leaving fewer areas open to potential disagreement.

Researcher Constance Ahrons found four types of postdivorce relationships between spouses:

  • Perfect Pals
  • Cooperative Colleagues
  • Angry Associates
  • Fiery Foes

Two of the four types can create an effective co-parenting alliance. Perfect Pals maintain close personal ties; Cooperative Colleagues are civil and cooperative, though their relationship requires frequent negotiation. Angry Associates and Fiery Foes, on the other hand, do not contain their conflict, and therefore, children are incorporated into it in a way that makes co-parenting problematic, if not impossible. Click here to visit Constance Ahrons’ website.  Successful co-parents:

  • Communicate and negotiate with each other about the children
  • Respect each other as parents despite adult disappointments and personal differences
  • Put past disagreements aside and concentrate on the children
  • Share control with each other and adopt a hands-off attitude toward how the other person parents
  • Tolerate differences in child rearing practices and values without labeling them as harmful to the child, and distinguishes between important and unimportant differences
  • Value what the other has to offer as a parent 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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Physical Custody

Thursday, June 17th, 2010

Physical custody describes where the child physically lives. Most children live primarily with one parent (called sole physical custody), spending a specified amount of time with the other parent (called either visitation or parenting access).When children spend fairly equal amounts of time with both parents, the court refers to this type of living arrangement as Joint Physical Custody.

Joint physical custody

Joint physical custody takes various forms. Some children spend one week with one parent, and the next week with the other parent; others spend 3 nights one week with one parent, and four nights the next week. Various other permutations are also used (discussed later in this chapter), and as long as the children spend nearly equal time with each parent, the specific arrangement is not germane to the title. In this arrangement, children often think of themselves as having two homes. Click here for an article on joint physical custody.  

Compared to joint legal custody, joint physical custody is a relatively rare event, with national estimates ranging from about 10-20% of divorced families. It is also a difficult arrangement to maintain; studies show that many families who begin in dual residence arrangements move to more traditional schedules over time. This is due to the difficulty of maintaining such arrangements, as they require cooperation, organization, and flexibility. This scenario typically works best when the parents live near each other and transportation to and from school and extracurricular activities is easily resolved, logistically speaking. It also works best when parents are able to communicate and cooperate with each other about scheduling matters, and the child’s temperament is organized and relaxed when faced with multiple transitions. The pluses and minuses of such arrangements are discussed below.

Split custody arrangements: separating siblings

Generally courts will avoid separating siblings and placing them in different households.  Under some circumstances, siblings are split up. This is a practice better off avoided if possible, but there are certainly circumstances in which it makes sense. For an article on split custody, click here.  

For example, if one child has special needs and the other child taunts or torments that child, or if the children have unique educational needs that are best met in different districts, split custody may be the preferred option. In some cases, a female child is very identified with Mother and a male child with Father to such an extent that they request living apart to stay with the parent with whom they have sided. If your children are old enough to know what they want, and the situation makes sense given all other circumstances, consideration could be given to this option.

However, the children should not be divided for the sake of parental compromise. No matter how siblings do or don’t get along, childhood bonds between siblings are most likely to form in enduring ways when the children grow up together. This aspect of the children’s development should not be sacrificed for the parents’ wishes. 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

 

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Joint Legal Custody

Tuesday, June 15th, 2010

Joint legal custody is a label which was popularized  in the late 1970’s and early 1980’s as a way to give both parents an equal opportunity to continue to be involved in decision making about their children’s lives.  One motivation behind the term was the belief that if the non-custodial parent remained involved in decision making processes related to the child, that parent would be more likely to pay child support over time. Also, a growing fathers’ movement spoke out about men’s interests in continuing to have authority and a stake in their child’s life through involvement in decisions about their upbringing. For more information on joint legal custody, click here.  

Joint legal custody grants both parents equal power in making major decisions concerning the children’s welfare. Typically, these are the health, education, and religious upbringing issues described above.  The more day-to-day decisions about the children are usually made by the parent with whom the children live most of their time.

Joint legal custody works best when parents are able to cooperate with each other about decisions regarding their children.  Parents who fight and use every opportunity to disagree about the decisions which affect the children may be viewed as poor candidates for joint legal custody, although most states have statutes either allowing or encouraging joint legal custody unless the conflict is at such a high level that the parents are incapable of any joint decision making.

The types of situations in which joint legal custody might not be appropriate are the following: one parent is incarcerated, one parent lives very far away from the other, one parent abuses drugs and alcohol to the extent that it impairs his or her judgment, there is a history of violence between the parties and any unnecessary contact should be eliminated, or one parent suffers from a psychiatric illness which makes it impossible for that parent to use good judgment pertaining to the child’s welfare.

For parents who are able to put their own differences behind them and work together for the benefit of their children, joint legal custody is a preferred outcome. Ideally, parents cooperate in making decisions, and they negotiate and compromise when they disagree. Not all parents can cooperate easily, and many parents write into their agreements that when they are stalemated in making a decision, they will use a mediator or therapist to help resolve the impasse.

Whether or not you are a joint legal custodian of your children, you need to make every effort to try and involve the other parent in decision making. Failure to do so often increases the other parent’s sense of isolation, leading to hostility and retaliatory behavior. Obstructing your child’s relationship with her other parent could thus turn into a legal problem for you or a psychological problem for your child. For a terrific article on the value of joint legal custody, click here 

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

For more information contact Peace Talks www.peace-talks.com 

(C) 2008  Peace Talks Mediation Services, Inc.

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