Tag Archives: custodial parent

Custody Should Be a Collaborative Term

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If you are getting a divorce and you have kids, go for 50/50 parenting or nothing at all. FIGHT for 50/50 parenting and JOINT custody. Do not agree to be the non-custodial parent, under any circumstances.

Today custody in divorce w/ children usually means someone loses. Sure, there is joint custody, but the states usually like someone to be listed as primary custodian, otherwise recognized as “the custodial parent.” And for the rest of us, usually men, we are called the “non-custodial parent.” Seems like semantics, but let me assure you, it’s serious as hell.

In my case, even though we share joint custody, my ex-wife has the custodial parent role. While we were negotiating the divorce, this term didn’t mean anything to me. I was assured that the “joint custody” covered me in all issues and decisions related to my kids. That was a lie.

What it really meant, is that the minute I got the slightest bit behind on my child support (the non-custodial parent ALWAYS pays the custodial parent) my wife was able to file our decree with the OAG (office of the attorney general) and put my life into a living hell.

Imagine if you’re struggling already. Imagine asking the co-parent to wait a few months while the work situation settles out, so you can get back on track with payments. Then imagine your significant other saying, “Sorry, I’m filing with the AG’s office today. It’s for the kids, not for me.”

BS.

Once the decree is signed and you (the dad) have agreed to a specific payment each month, the AG’s office becomes a collection agency. They’ve got one of those lovely phone trees that asks before anything else, “If you are the custodial parent press ONE, if you are the non-custodial parent press TWO, if you are an attorney press THREE.”

You don’t want to be the non-custodial parent under any circumstances. Remember all that stuff you learned in couples therapy about power and control? The divorce brings out the worst of the dysfunction. And if your co-parent becomes a custodial parent, you are about to get punched in the balls. (Pardon my assumption that the dad is 80% of the time, the non-custodial parent, in my state of Texas.) If you are the mom who is non-custodial, then you can be prepared to have random titty twisters anytime there is a dispute.

But we weren’t having a dispute. I was telling her exactly what was going on. “My company just lost a big client, we’re struggling as quickly as we can, so if you can be patient…”

She was not patient. She waited exactly one month before sending me threatening emails. Talking about “for the kids,” and “not doing them a favor by letting you continue to not pay.” But here’s the problem with that ill-logic. Once you’ve signed a decree for divorce with kids, the child support agreement goes into law. Not even bankruptcy can wipe away your child support obligations. So if my wife was smart, and she was, she would’ve known this. I’m sure her attorney told her as much.

So if I’m not ever going to be able to skip out on my financial obligation to my ex-wife and my kids, what’s the point of filing against a cooperative parent? Power. And. Control. Now she has 100% of the power. And with the arm of the law she also has compete control over my financial future.

By filing with the AG’s office she effectively prevented me from restructuring my mortgage with Wells Fargo. She also got a lien placed on my credit score that began to damage my financial stability and resources immediately.

HARD AND FAST RULE: If you are getting a divorce and you have kids, go for 50/50 parenting or nothing at all. FIGHT for 50/50 parenting and JOINT custody. Do not agree to be the non-custodial parent, under any circumstances. You will regret giving in on this single point more than any other item in your divorce, so PAY ATTENTION.

In my future, I have my ex-wife to thank for the hardship of used car loan rates in excess of 19%. And she could care less. She claims to be all compassionate and always interested in protecting the kids interests. But suing your coparent is not protecting anyone’s interest. There was no need to attach a debt collector to my account, I was on the hook 100% and willing. But I went through a minor setback for one month in the summer three years ago. And I still can’t get a car loan.

Always Love,

John McElhenney
@wholeparent

Back to Positive Divorce & Co-Parenting

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reference: The 5 Love Languages  by Gary Chapman

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Moving from Parenting To Co-parenting: Joining Together In Divorce

fire of divorce - the whole parentMen do need help. And there is no doubt that divorce brings out some of the worst traits and stereotypes in both sexes, and ramps them up to extreme levels. Men who have previously been unable to access or express any anger are suddenly screaming and throwing things or acting out in way more harmful to themselves. And women, now threatened with shame and financial ruin, retreat into a more defensive and alpha-protective mode.

What happens early on is communication breaks down. Misunderstandings take place. And more hurt and anger is piled on to the flames of the fire.

Just like in first aid fire training, at this point we need to STOP. DROP. And ROLL.

STOP the escalation of the flames. Don’t respond in-kind. Step out of the hurt role you are in and DO NOT stoke the flames, for any reason.

DROP the pretense that you are hurting more than the other person. DROP the charges. DROP the battle-axe and see if there are cooperative ways to work together.

ROLL with it. Let things go. Stress is high, it’s probably not all about you, even if your ex-partner says it is. ROLL with the punches and don’t return the aggression and anger.

And then when you have a moment to pat out your own flaming clothes you can also see the flames have been reaching out and threatening your kids too. With a moment of self-awareness we can stop the fire building practices we learned in our dysfunctional past and begin working towards a healthy divorce. I know that may sound like a fantasy, new-age, term, but it’s possible.

“If you go to court she’s going to get this, so we might as well start there and see what we can do to smooth the transition for the kids.”

The system of divorce (attorneys, courts, counselors) is not set up to support a healthy separation and transition into co-parenting. But, you can ask to slow things down when the rhetoric begins to get too hot. You can explore collaborative divorce. You can be open to the idea of building the parenting plan first, and the divorce second.

And we have to be able to look at the traditional, system supported, outcomes of divorce, so that we can examine what’s working and what’s not.

NOTE: This concept of collaborative co-parenting will not be available to everyone. There may be couples where the damage and acting out has gone too far. There are still plenty of ways you can refuse to feed the fire and not give up your rights and legal position in the upcoming negotiations.

In the case of couples willing to work on the leading edge of collaborative divorce, there are plenty of ways you can make the transition into co-parent much easier. But we’ve got to talk about it together. The next men’s movement is going to include women. And the next men’s movement will be about parenting and co-parenting.

In the stereotypical divorce process, that still holds true for 85% of all divorces in my state, Texas, the woman is awarded the custodial parent role and the man is awarded a hefty child support payment. In this model, the courts see the MOM as the loving relationship and the DAD as the paycheck.

This is wrong.

The system has evolved into this cow path for the slaughter of innocent men over time. And in my case, even though we took the high road, I was offered this piece of advice, from our $200-an-hour family therapist who specialized in building cooperative parenting plans.

“If you go to court she’s going to get this, so we might as well start there and see what we can do to smooth the transition for the kids.”

This is also wrong.

In the next men’s movement both men and women will be working together to map out a healthy divorce plan, that is fair to both mom and dad. And counselors who are being paid to shepherd those willing parents-to-coparents won’t reflexively jump to the SPO and custodial non-custodial parenting plan.

It’s easy to see why this stereotype came into being. Men have traditionally been the primary breadwinner. Women have been the primary nurturing parent. And my then-wife and I worked to promote and preserve those roles in our marriage. It was OUR PLAN TOO. But it wasn’t because she was the best nurturer, or that I was the best breadwinner. It was because she was the mom and I was the dad.

Again, I don’t want it to seem that I’m rebelling against some of this tradition. I’m not. I was happy for the mother of my kids to have the time to be MOM. And for that I traded some additional time away from the home, to make more money, so that this little nuclear unit could be supported.

We chose these roles. Sure they were based on traditional and historical norms, but we agreed with some of the premise. And I willingly sacrificed some of my DAD time to make their lives more comfortable, to be able to provide the good neighborhood and good schools.

In divorce, things are different. You still want the same things for you kids. But the shift happens when this cow path (Woman – nurture, Man – money) has become regulated to the point of law.

It’s the kids who stand to lose the most from this imbalanced systemic approach. Dad is more than money.

Now, in my state, as a man, if you want something other than the SPO and non-custodial parent role, you’re going to have to fight. You’re going to have to disagree with your expensive “parenting planning” and PH.D family therapist. If you want to break out of these well-worn and court-approved legal instruments, you’re going to have to talk to the woman in this deal and work something out.

Reaching over the aisle as a man is not easy. Everything in the court system is set to drive us into the approved plan.

And allowing the negotiation to happen, must be hard for a woman, who is threatened with getting less than she could get if she just went to court. She’s got the losing proposition in this negotiation.

But it’s the kids who stand to lose the most from this imbalanced systemic approach. Dad is more than money. And mom is capable of making just as much money (let’s table the fair pay discussion for the moment) as dad. These old roles no longer fit the educated and compassionate couple. But the road to a good and healthy co-parenting plan is not a well-worn path. There are books and attorneys who will advise you along the route, but the real negotiations are going to happen between you and your soon-to-be ex.

I’d like to start the dialogue between us sooner rather than later. For myself, yes, but also for the moms and dads who will be heading down the cow path shortly. We can do better. We can help raise the conversation back to equity and fairness. Today it’s “here’s what you’re going to get if she goes to court.” That’s not a way to build a trusting negotiation, or even craft a balanced parenting plan.

We don’t have to burn the system or relationship down to the ground to get a fair deal for both parents. But we do have to open the discussion beyond the SPO and custodial mom. And, I understand, moms, you have more to lose in this discussion. But your kids have more to gain. A dad who can support himself and contribute to a healthy co-parenting plan. And a mom who’s willing to stretch, in the “best interest of the kids” to give that same dad some additional time and rights so that he can show up in the best way.

It’s a trust issue. And it’s not going to be easy. But we can make a more holistic system. We can soften the blow of divorce on the kids. And we can build stronger co-parenting relationships from respect rather than ashes.

Always Love,

John McElhenney
@wholeparent

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