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CLIENT INFORMATION LETTER # 42
ADVICE TO CUSTODY CLIENTS
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If you are in custody litigation. This is intended to
give you basic information about what you can, and can't, do with your
children....if you want to enhance your chances of success.
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1. |
Communication with Your Spouse.
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Try to discuss your child's welfare with your spouse. Limit
your discussion to the child's welfare. Don't discuss the new boyfriend or
girlfriend or your anger with the spouse--it's counterproductive. If you
cannot discuss these matters with your spouse, write the spouse a letter
or memo. Save a copy. |
2. |
Dating. |
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This is addressed from a practical, not moral stance. You
are still married, and you will be until the judge dissolves your marriage.
Terminate or put on hold any extra-marital relationship. If the new boyfriend
or girlfriend cares about you enough, he or she will wait for you. If not,
so be it. You need to concentrate on maintaining and developing your relationship
with your children. You do not have the time or money right now for affairs.
That time will come later, after this case is closed.
If you perceive the extramarital relationship to be a very stable
one leading to marriage, and you elect to ignore my advice, remember that
you have been warned. Do not involve the paramour in your child's life.
Regardless of how much the new love object purportedly cares for your child,
limit your contact with the boy/girlfriend to times when the child is with
the other parent. Your paramour's lifestyle, behavior, marital status, and
indeed relationship with his/her own children, will come under scrutiny in
your custody case. |
3. |
Medical Care. |
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Elective, non-emergency medical care should be undertaken
after consultation with the child's other parent. If the parent refuses to
discuss this with you, let that parent know the name of the service provider,
the procedures undertaken, and the diagnosis. Don't keep the child's medical
care a secret from the other parent. |
4. |
School. |
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If you're the physical custodian, let the other parent know
when parent-teacher conferences are scheduled. Give the other parent a copy
of the child's report card. Share the child's schoolwork with the other parent.
Discuss homework and school responsibilities the child may have with the
other parent.
If you're the visiting parent, you have the right to contact
the school and ask that you be contacted about parent-teacher conferences
and the child's school records. Do so. Don't place all of the responsibility
upon your spouse to let you know. Take an active part in the child's education. |
5. |
Visitation. |
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If you are the physical custodian, have the children ready
for the visit. Have a supply of suitable clothing ready to accompany the
child. You don't want the judge to learn that you let your child go off on
a weekend visit with the clothes he was wearing and another change in a plastic
bag, do you?
As a single parent, you need a break from the child. And the
child needs a break from you. In an intact family, both parents relieve one
another from the constant demands of the child. In a divorce situation, the
appropriate relief is visitation with the other parent.
If you are the visiting parent, pick up the child on time. Return
the child on time. If you're going to be unexpectedly late, call. Don't demand
that the child keep toys and clothing at your house, just because you purchased
them. After all, those items are the child's not yours.
A medical condition short of hospitalization is no excuse for
denying visitation. The visiting parent can, and should, assume some of the
responsibility of caring for a sick child.
Do not use the child as an intermediary to carry messages between
you and your spouse. You're an adult. You know how to communicate.
Visitation is not a time to revisit disputes with your
spouse. It's your time with your child. Use it for that. This is not the
time to introduce the child to your new love match.
Do not pump your child for information about life in the other
parent's home. If it's worth telling, the child will tell you. Did you tell
your parents everything that went on when you were 8 or 12 years old? Remember
how you replied "Oh nothing" to your mother, when she asked you what you
did in school?
Do not ask your child to keep secrets about what takes place
in your home.
You do not have the right to refuse visitation because the other
parent hasn't paid child support. The two issues are not related. You have
a remedy for nonpayment of child support. You can lose physical care of your
child if you deny court-ordered visitation.
Don't get too upset about your child's behavior at the beginning
or end of each visit. The child's cries at the end of a visit are perceived
by the physical custodian as tears of joy at being reunited with the parent,
and the same outburst is viewed by the visiting parent as tears of sadness
at the separation. Plan some kind of activity to allow the child to "wind
down."
It's not the end of the world if the child misses a Little League
ball game or Sunday School because it took place during the other spouse's
visit. |
6. |
Child Support. |
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If you are ordered to pay child support during the pendency
of this action, pay it. If you simply can't make the full payment, at least
make a partial payment. The judge will not look kindly upon your claim for
increased visitation or physical care when you have failed to contribute
to your child's support.
Child support is money you have paid to the court (if an order
has been entered) or money paid directly to the spouse for the child's support.
Child support is not a Schwinn bicycle or Nike shoes that you bought the
child during the weekend visit. It is the money that puts bread on the table
and pays the rent. |
7. |
Counseling. |
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Divorce is tough. It's kind of like death, only no one sends
you a condolence card. It hurts. However, it's not fatal. Go to the mental
health professional. It's often easier to discuss your feelings with someone
you'll never see again, someone who'll not say "I told you so." Therapy will
not be held against you in court. In fact, in addition to helping you through
anger and sadness of divorce, the fact that you sought therapy can be looked
upon as a positive factor by the court. |
8. |
Parenting. |
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You can never learn enough about parenting. It's an ongoing
process. Enroll in a parenting class. Read about child care, child development,
parenting techniques. Show the judge that you know something about parenting
and that you have a willingness to learn. |
9. |
Telling the Child about Divorce. |
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Your child knows more about what's going on in his
or her life than you may realize. You do not need to go into details about
why the marriage ended with the child. There are a number of children's books,
geared to varying age and reading levels, which discuss divorce and single
parenting issues with the child. |
10. |
Adjustments. |
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Remember when you first became pregnant? You were filled
with worry and doubt about what your life was going to be like. Your friends
and relatives all gave you advice about what childbirth and the new baby
was going to feel like, but when you actually went through these steps, your
feelings were unique. Divorce is much the same. While everybody's case has
common threads, the actual experience for each is unique.
You are making the same adjustments in your life day by day
as a divorcing parent as you did as a new parent. Be the best parent for
your child in all aspects of your life. Your child will undoubtedly divorce,
end a relationship, or quit a job sometime in his or her life. The example
you give your child as a divorcing parent is as important as the rest of
the "good examples" you try to give your child. |
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