For the longest time, mothers got custody automatically. But now, in an effort to correct a perceived injustice against men, courts and law firms alike are focusing on dads, circulating legislation to establish mandatory equal parenting time motivated by dads groups.
It’s like a pendulum swinging from one extreme to the other, and I hope to eventually see it settle in some middle ground with the focus solely on what is best for the children.
This change began when I started my career in family law in the early 1990s. I cannot remember a case where it was an automatic win for the mom. Yes, moms were still favored, but it wasn’t automatic.
Over the last 20 years, it’s really intensified, as newly-elected judges brought their perspectives on the idea of parenting time to the bench. Sometimes it feels like it doesn’t matter what the law says.
You can walk into one judge’s courtroom and know that they are a “50/50 judge,” which means they start from an assumption of equal parenting time and if you want it to be something different, you better show a good reason why. It is really difficult to get them to move.
Litigation in such a courtroom is quite challenging when you know there is a good reason to skew the amount of time children spend with one parent or another, or even just where they will lay their heads at night. Sometimes it’s as simple as the roles parents played while they were married. You can’t draw a sharp line in the sand when you split, making everything change immediately.
Photo by Larry Crayton on Unsplash
When one parent has been the primary caregiver, it’s uncomfortable not only for the parent but for the children, to suddenly be ousted from their job or role and the whole family thrown into a very different routine.
It’s challenging, too, for the non-primary caregiver, who may have no idea about a lot of what goes into taking care of a toddler or school schedules or carpooling and they’re forced to step into a very different role without guidance or transition. They may be too proud to ask for help.
A divorce is often not the most collegial of processes, which means parents on both sides may feel uncomfortable asking the other for guidance in their new role. Which is exactly what they need.
When you get into court, you’re positioned against each other so instead of recognizing these natural human elements, it becomes a fight, where they won’t talk about or look at options.
If we want to move towards promoting more equal parenting time, then depending on the real life situation, it may be best to move toward that point in stages.
That way, it’s less disruptive for the children, while giving time for both parents to transition into new roles.
Photo by Edi Libedinsky on Unsplash
Depending on the ages of the kids, I recommend giving six months or a year to make a change, giving both parents space to learn about their new role. The kids also can gradually transition into the changes.
In the divorce world, most attorneys fail to and some even refuse to talk about the impact of all of this. The focus is instead on the outcome . I wish we recognized how kids bear the brunt of adult decisions. For instance, they’re the ones shuffling back and forth between two homes – not the adults who initiated the divorce!
I yearn for a time when divorcing parents can put their hurt and anger aside in exchange for a focus on their children, who didn’t ask for any of this. This means not just talking the talk, but showing it by the compromises and agreements they make. Parenting time must be about the children – not about the parents!!
I prefer to look at parenting time as the parent’s opportunity to spend time with that child, on the child’s schedule. Whether you’re a mom or a dad, you can and should be more involved in school, spend more time with your children doing things of interest to them, and cherish this time, even if it’s not an overnight.
It takes humility on both parents’ parts to recognize their strengths and weaknesses, and cooperation to work together, but in this model the focus is completely on the children. Which is how it should be.
Introducing Our Family in Two Homes – a divorce resource now offered by Transitions Legal!
If I had a resource like Our Family in Two Homes (OFTH) when I was getting married and raising children, I would have been so supported!
It never occurred to me way back when, nor does it to most people, to think through and articulate my values, my perspectives, and my beliefs on parenting, partnership, finances and more – and if I had, I bet I could have avoided many marital arguments or parenting disconnects.
Most people don’t really think through these things when it comes to the most important relationships of our lives because it’s just not embedded in our culture to do so. Think about all the romantic movies you’ve enjoyed in your life, which painted a picture of relationships as easy, automatic and synergistic. That rarely happens in real life.
Of course, I see couples when things have gone so wrong, they’ve given up hope that they can stay together. Nonetheless, I am excited to offer OFTH as a unique resource to help couples who are contemplating divorce, already decided to split or going through mediation.
They begin by going through pages 1-13 of the workbook, where they’ll find questions to help them get in touch with what is important to them for the divorce process. These pages cover communication, trust, emotions, values, expression tendencies and more.
It goes so much deeper than the kids or the house. What I love about this resource is how it helps clients discover their personal and collective core values and decision-making preferences. There is a lot of work people can do on their own before they come to an attorney, and this work helps them be more efficient with their attorney, which can sometimes reduce overall legal costs and time spent negotiating.
An example of this is when a client comes to me and insists they want to keep the house, but they’re not sure they can afford to do so, I have to dig deep with them to determine first what is important to them about the house. Then we explore the feelings behind it. That can take a lot of time at billable rates! I enjoy doing this kind of work with my clients. I am also aware that some clients are watching their money. This can save them on fees that might be needed further down the road, or better yet for their kids’ college education.
But if the same client worked through this on their own with the workbook, they would save time spent with me, their attorney, and get moving on the actions required to facilitate their breakup.
I use OFTH in Collaborative Divorce cases and also in Mediation. Individuals can purchase the workbook directly from Transitions Legal, and in doing so, they also get three consulting hours with me as they work through it.
The goal is for people to understand themselves better and understand the divorce process more. Also, they gain insights in how they interact and communicate, which helps an attorney know what they are dealing with in the case. They can draw out an introverted spouse or respectfully ask an extroverted spouse to give the other person some time to speak.
There are, of course, instances where using this workbook might help a couple to identify some of their nagging problems and decide to work on resolving them in an effort to stay together. That’s a lovely outcome when it happens!!
Regardless of the situation, anyone who uses this resource will gain clarity. They’ll understand elements of divorce like parenting time and custody, and know how these are established in the state of Michigan, where I practice. They’ll also know the background of the law to help them reach their decisions.
People often say, “I don’t know what I don’t know.” This resource gives you what you want to know.
To learn more about Our Family in Two Homes or to purchase the workbook-consulting package, click here.
When same-sex marriage became legal, partners finally achieved the right to marry under the law.
With this advancement in marriage in our country comes the right to dissolve marriages, too, and all the ugliness that can accompany it. According to this article, a Tucson mom tried to deny parenting time to her former partner, insisting that since they weren’t both biological parents, the other parent had no legal rights.
Well, be careful what you ask for, right? You can’t have it both ways! The right to marry means the same rights come when a marriage ends, and that includes dividing parenting time and responsibilities among the child’s parents – biological or otherwise.
Frankly, this flies in the face of everything people have been fighting for in the area of same-sex marriage. You can’t pick and choose. All rights, or no rights, right?
Here is an example of a parent trying to manipulate the law to suit her emotions, rather than advocating for full and equal coverage in all realms.
How often do we manipulate the law or a situation to our benefit and ultimately hurt our children in the process?
I wish people would realize that it really does take a village to raise children. Can a child ever have too many people who love and care about him or her?
In this case, the mom wasn’t alleging that the other mom was a bad mom, a drug addict, or in any way irresponsible. The battled has raged for five years, and it’s really a result of selfishness and hurt, not logic or law.
Of course, we don’t know the underlying details, but I do know that every day people try to manipulate the law to make it work for their own benefit. And yet, when we are equally advocating to change the law to give equal access to all people, we can’t then argue out of the other side of our mouths, trying to shut down the same laws because our feelings were hurt.
