Practical Meaning of Sole Legal Custody

SOLE LEGAL CUSTODY to....Mom....or....Dad....

Those words spoken by a family court judge are devastating to the parent who just lost their right to make decisions about critical aspects of a child's life:

Child care/preschool

Education: K-12

Medical health

Mental health

Dental health

Religious/spiritual education

Enrichment activities

The parent who loses legal custody will usually still have access to records about their child in each of the legal aspects. 

Sometimes the judge allows the non custodial parent to access records directly from providers, and sometimes the judge directs the custodial parent to provide the information. There are circumstances where the judge orders that the non custodial parent have no access to information about any legal aspect of the child's life.

It is important to know that an allegation of domestic violence is extremely serious. Such a finding may result in the judge dealing with records access in a more restrictive way because of concerns about health, safety, and welfare.

For example, if the judge finds that a parent has committed acts of domestic violence against the child, the other parent, or the child's siblings within the past five years the judge, by law, must presume that the parent who committed the domestic violence cannot have joint or sole legal or physical custody of a child.

Permanent restraining orders require special protections for a longer period for the child and the custodial parent. This is why legal custody cannot be granted in a case where domestic violence has resulted in such an order.

It is critical that non custodial parents understand their rights and responsibilities in the realm of legal custody. If the judge has granted you access to records, you have the right to directly contact providers to get the information.

However, if you contact a provider with an attitude of entitlement, making demands you will very likely end up losing your right to directly contact providers. And you should. That is where the word responsibility comes in.

You have a responsibility to behave appropriately with any provider who has a direct relationship with your child. Every word you say and the way you say it will effect your child's life. Take this responsibility seriously and prepare yourself for contact. Understand that the other parent will probably have let the provider know about the legal custody situation. Don't be surprised and hurt by that. You would do the same if you were the custodial parent.

When you contact a provider and discover that the provider does not understand that you can have access to records then politely ask the provider how they would like to receive a copy of the order so that the provider is confident they are complying with the law.

What if the custodial parent won't give you the information about the child's providers? If you don't have the information, you must get it from the custodial parent. That is the only choice. Especially if there is a restraining order. Any attempt on your part to investigate or interrogate will likely be experienced as harassing or stalking. Don't do it. Instead, use legal channels to get the information. 

If the custodial parent won't give you information about the providers in the life of your child, it can be very tempting to coax the information out of your child. Don't do that to your child. Legal custody is shared between adults and the child will feel the elicit nature of your inquiry even if the child isn't old enough to understand what you are trying to do. Don't put your child in the position of coparenting with you. Don't put your child in the position of telling you secrets. It is detrimental to the child and can damage that child's relationship with both parents. 

Your child can talk with you about anything. That is what most parents want! Treasure the openness and spontaneity of your child and treat them with respect. Don't take advantage. Don't exploit your child. 

If you are frustrated, feeling helpless and powerless because of your custody situation, reach out for support. It exists. You don't have to go it alone. You don't have to burn out your family and friends. A word of caution though. Some support offered to parents is divisive and has a goal of reinforcing the battle, the competition, and winning. If that's what you want, that will work for you but it is not a goal that is child-centered. 

If you want a positive future for your child, peace in your family, and a loving coexistence for your child between his or her two homes, then find support that is balanced and respectful of the needs of your child. 

Cooperative Coparenting

Most parents eventually adopt a cooperative model of coparenting. Over time, they are both able to adapt to the dramatic restructuring of the family. They each learn to navigate the strong emotions, and slowly begin to move on with their lives. Each parent makes changes within him or herself, in direct response to the changes without.

Cooperative coparenting takes courage because it means taking risks and making yourself vulnerable. The other parent may not change, at least not right away. The other parent may take advantage. The other parent may exploit your openness.

But your children will see you change. Your children will see that you continue to be a good person even when you are treated poorly. Your children will see that you care about your own behavior, you take responsibility for your choices, and you try to make good choices.

Somebody has to have the courage to start. Parents who move from the anxiety and uncertainty of transitional coparenting to the calm and peace of cooperative take risks. They take those risks because their love for their children is bigger than their desire for revenge or holding onto resentments.

Motivation for change is unique to each person.

For some, it’s a matter of economy of resources – all of them! “I only have so much time, energy and money, and I don’t want to invest any of it in negativity.”

For others, it’s a matter of a change in perspective. “I need to take control of my life. I need to stop blaming and start taking responsibility.”

For still others, it’s the children. A day comes when a parent really sees or hears the hurt and pain that the adult conflict is causing in the child.

Making a choice to be cooperative begins a process that can change everything again.

The act of making a request instead of a demand creates uncertainty that can begin a positive change in the coparenting relationship.

Saying “yes” instead of “no” creates good will in the relationship.

Offering important coparenting information, without being asked or demanded or required, creates an opening to rebuild trust.

Apologizing for your bad behavior opens the possibility that you will be given the benefit of the doubt next time you make a mistake.

Cooperative coparents are able to have frequent and direct communication. They strive for uniform rules and expectations between the homes. They engage in joint decision-making and practice flexible scheduling between the homes for the child’s needs.

Cooperative coparents have informal meetings without the child present to make sure the lines of communication are open. Decisions are child-focused and parenting plans can be general and negotiable.

Cooperative coparents learn to achieve and maintain respect for each other.

Cooperative coparents appreciate the importance of the other parent for the well-being of the child.

Cooperative coparents value regular communication about the coparenting needs of the child because it makes the child feel loved, cared for, and secure in the world.

Parents don’t start out being cooperative coparents immediately after the break-up of the family. Some parents know they want that. Some parents know they will achieve it. But most parents gradually find their way to cooperative because something motivates them to make that choice.

Remember that cooperative coparenting is a choice. But some parents will not make that choice. They won’t make it because they cannot forgive and move on. Some parents try very hard to make that choice but find that some acts are unforgiveable. Some choices are hard to accept. The pain fades with time, but the act does damage.

Sometimes, there needs to be a period of parallel coparenting while time passes and the hurts heal. Tomorrow we’ll look more closely at the choice of parallel coparenting. Making the right choice at the right time is important because trying to be a cooperative coparent with a coparent who can only respond with conflict, can be detrimental to a child.

Good Fences Make Good Neighbors

Parents of 2-home children are sometimes anxious about the lack of contact with a child when that child is in the care of the other parent.

Note that it is the parent who is anxious here, not necessarily the child!

If you find yourself anxious about your child when your child is with your coparent, stop and ask yourself some questions before reaching out to your child:

1 When was the last time you were with your child?

2 Has more time passed since you were with your child than has ever passed in the life of the child without contact with you?

3 Has your child ever been with a grandparent or other trusted caretaker longer than the child has been with the other coparent in this particular instance?

4 How long will it be before you are with your child again?

5 Is the amount of time you have to wait to be with your child again longer than the child has ever gone without seeing you?

6 Is your child verbal? Can your child say "I miss mommy/daddy?" Can your child say "Can I call mommy/daddy?" If so, let them.

7 Is your child capable of self-control?

8 Is your child capable of self-soothing?

9 Is your child capable of getting his or her needs met by an adult?

Most of the time, the anxiety problem is in the parent not in the child. If the parent gives into their own anxiety and acts out as if the child is incapable of waiting and delaying gratification, then the child certainly can learn to be anxious and demanding.

And it's the parent who is modeling his or her own inability to wait, to delay gratification.

Life requires all of us to bear the discomfort of uncertainty or longing from time to time. It is ordinary and part of the human condition. It is not extraordinary, or traumatic, or horrible.

Check yourself, mom and dad. If you are anxious, admit it and deal with it. Don't make it your child's issue!