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. 

Key Factor #2 for Hannah's House Professional Supervised Visitation Services: Controlling for Conflict of Interest and the Appearance of Conflict of Interest

The legal standards for professional providers of supervised visitation (PPSV) are specific about the types of relationships that are a conflict of interest:

(i) Conflict of interest

All providers should maintain neutrality by refusing to discuss the merits of the case or agree with or support one party over another. Any discussion between a provider and the parties should be for the purposes of arranging visitation and providing for the safety of the children. In order to avoid a conflict of interest, the professional provider should not:

(1) Be financially dependent on the person being supervised;

(2) Be an employee of the person being supervised;

(3) Be an employee of or affiliated with any superior court in the county in which the supervision is ordered unless specified in the employment contract; or

(4) Be in an intimate relationship with the person being supervised.

While this is a helpful start, there is much more that needs to be in place to control for this issue.

PPSV need to have clear, written policies and procedures in the written contract for services that is required by law in California. The contract should detail how the provider ensure neutrality. The contract should specify how the provider ensures that they will not discuss the merits of the case or agree with or support one party over another.

The provider should have clear policies about how they deal with situations where any legal party to the case attempts to disparage the other party to the provider.

Polices and procedures about the documentation of all contacts between clients and the provider should be clearly spelled out. All legal parties to the case should be confident that any discussion between a provider and the parties will be for the purposes of arranging visitation and providing for the safety of the children.

All legal parties should also be confident that 100% of any ex parte communication will be documented and reported. Because the provider is ordered as professional neutral, all communication on the case must be documented and reported.

It is important that the PPSV clarity about their role and about their scope of work. Multiple relationships with the same client are problematic because a conflict of interest is more likely to develop.

Sometimes multiple relationships develop because the PPSV has had inadequate training initially or because the PPSV does not engage in regular and transparent consultation and review of their work. The provider gradually becomes comfortable with the client or clients and moves beyond the professional role.

Typical boundary violations might include the following:
1 Changing policies and procedures because they feel that the client really needs their help
2 Taking care of the children during visits as if they are there a babysitter instead of a professional neutral
3 Helping the client with parenting tasks during the visit
4 Developing an emotionally close and physically affectionate relationship with the adult client and or the children
5 Paying for food or gas for the client when that is not the policy
6 Using ones personal car for transporting the client when that is not the policy

Serious boundary violations with a client might include the following:
1 Dating
2 Renting a room or selling a house
3 Loaning or selling a car
4 Loaning money
5 Editing documentation and court reports to protect the client
6 Refusing to do the required documentation and court reports

At Hannah's House, we have many policies and procedures in place to protect clients and to support and develop our staff.

Consumers need and deserve protection. California has laws that will do that if they are followed. Unfortunately, each of the 58 Superior Courts in the state take a slightly different approach to the Court Resource List for Professional Providers of Supervised Visitation - usually referred to as Visitation Monitors.

In San Diego, there are no requirements for inclusion on the list other than filling out and signing an affidavit under penalty of perjury that the person is qualified to do the work and will follow applicable laws. The affidavit in San Diego is the same whether the applicant is going to teach Boating Safety or be a Professional Supervised Visitation Monitor.

In other jurisdictions the court requires a variety of proofs from the provider before they can be included. Some examples are:
1 Background check / Trustline Certification
2 Insurance - auto and liability
3 Contract for Services
4 Documentation of 24 hours of training in areas specified by law

Because there are no additional protections for the consumers using providers on the San Diego Superior Court Resource List for Visitation Monitors, it is extremely important that consumers read both California Family Code 3200.5 and California Rules of Court 5.20 prior to calling anyone on the list.

Preparing for interviews of a professional who will have significant responsibility for ensuring the well being and safety of your children should be high on your list of priorities as a parent with a court order for supervised visitation services.

Hannah's House meets and exceeds the 24 hour legal training requirement and we have done so since 1988, long before any standards existed.

The minimum requirement to work at Hannah's House is 24 hours of classroom training and 16 hours of hands-on practicum shadowing cases. Once this 40 hour requirement is met, the PPSV is shadowed by a experienced professional while the new trainee supervises visit. This shadowing is typically between 16 and 40 hours, depending on the trainee.

Once a supervisor is qualified for independent service delivery at Hannah's house, there is a Senior Supervisor who continues to oversee the work of all monitors during every work shift. Service delivery feedback is provided weekly, monthly and quarterly to all staff. Training is a high priority at Hannah's House.

Our experience is that it takes at least one full year of service delivery under close supervision to develop the broad and deep knowledge and skills necessary for work as an independent private monitor. This is because we take the responsibility for the protection of children very seriously.

A conflict of interest tends to develop over time and happens so slowly and subtly that the monitor is often in trouble with multiple relationships before they notice. Make sure that the PPSV you choose to safeguard your children and your family-in-transition is truly a professional neutral.

Key Factor #1 for Hannah's House Professional Supervised Visitation Services: CONTROLLING FOR BIAS

California Family Code 3200.5 and California Rules of Court 5.20 establish standards for professional providers of supervised visitation (PPSV). A search engine will readily find both. Consumers in need of these services need to understand the law.

One of the requirements of the PPSV is following all aspects of the law. Controlling for bias is one of those requirements.

Bias is a prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair. In family law cases with an order for supervised visitation, it is a PPSV who is prejudiced in favor of or against one party, the Petitioner, or the Respondent.

The only way to control for bias is to create a process that treats both parties equally from the very beginning.

Hannah's House conducts a screening with both parties prior to any face-to-face meetings. The screening may be done over the phone or via the website. The consumer chooses.

The screening is exactly the same for every person who completes it. The only differences occur because of different facts in each case. Each party on every case is given an equal opportunity to provide the necessary information.

The intake and orientation is the same for every person who completes it. Parents attend an in-person meeting. They will be in a group that includes both residential parents and visiting parents, but two parties to the same case will not participate in the same intake and orientation meeting.

Hannah's House provides supervised visitation and supervised exchanges. The variations in the intake process relate to the difference in those services.

The goal of the intake, orientation, and legal review process is to learn about the case, ensure both parties understand their rights and responsibilities, and to figure out how to keep stress down for the children.

Children are required to attend a Turtle Tour orientation. This provides the child with the opportunity to meet the Human and the Animal Staff, and to explore the family rooms, art and music room, and the snack shop!

The Turtle Tour is required so that children know in advance where they will be coming and what the place and the people are like. This helps control for bias because staff is assured the child is familiar with the setting so staff can just focus on the transitions from one parent to another.

100% of contact between Staff and clients is documented. Email, phone logs, and activity reports are completed at the time of contact.

All activity reports are reviewed weekly by a Quality Assurance Team in a regular QA meeting. The purpose of the review is to ensure accuracy and completeness in the documentation, and to identify any client or staff discrepancies that require intervention beyond that which occurred during service delivery.

The QA team consists of the Assistant Executive Director, Program Director, Program Manager, Program Coordinator - Scheduling, Program Coordinator - Reports and Record Keeping, and any PPSV who wants to attend.

Clients and staff members with discrepancies that occurred during service delivery during the previous week will be contacted by a staff person to address the discrepancy. Typically this contact occurs within 24-48 hours following the meeting.

There is a Quality Control function built into the system to ensure that the discrepancy contacts are made, completed, and documented for each client and staff person identified.

Hannah's House is a forensic social service agency where everything that is said and done can potentially become part of legal proceeding. We take that responsibility seriously and the first step in ensuring forensic accuracy in our service delivery is controlling for bias.

Questioning Children in Supervised Visitation: Guidance for Moms and Dads

Supervised visitation can be a challenge in a number of ways. One of those is figuring out what questions are okay to ask your child and which ones need to be avoided.

The purpose of supervised visitation to to ensure that the parent-child relationship is safe and protected and as nurturing as possible for the child.

Part of protecting the child is making sure they are not put in the position of feeling caught in the middle in any way between the two parents!

Questions should be asked in a way that does not limit the Child’s response to giving only specific information OR require the Child to provide details about the other parent's life/home!

Some of the examples below are based on the parent already having information about the child.

OKAY (general & child-oriented)
How is school?
What is your favorite subject?
Did you have a good week?
Are those new shoes? They look really nice!
Did you have a nice vacation?
Did you get a haircut?
Have you had lunch yet? If not, let's eat together.
Did your doctor’s appointment go ok?
Did you have fun with your friends at school today? (On a school night)

NOT OKAY (specific & detail-oriented)
Where do you go to school?
What is your teacher’s name?
Who brought you to the visit?
Are those new shoes? Who gave you those shoes?Where did you go on vacation? Who went? How did you travel?
Who cut your hair?
Have you had lunch yet? When and where did you eat lunch?
What doctor did you go to?Who are your friends at school?

Children in supervised visitaiton can initiate any topic they want, including information they should not give!!

If the other parent has sole legal custody, do not allow the Child to give any details about school, dentist, doctor, coaches, troop leaders, teachers, etc. even if the Child is the one initiating.

Either the parent or the Supervisor should gently but quickly interrupt the Child to prevent the disclosure. If Child discloses info, the Supervisor will write a note to the other parent about it and pass it at end of visit. This is done to protect everyone in the situation.

By the way, it is equally important that the child not be grilled with questions by the other parent once the supervised visitation is over. Children need to be greeted with a warm smile, hug and an invitation to reconnect and move on with the day.

Cordial and Business-Like: How to do Coparenting Meetings Without Losing Your Mind

Most parents don't even think about "The Coparenting Relationship" when they are living in the same household sharing the parenting of a child. That relationship exists but it is so interwoven into the fabric of the couple relationship that it is hard to separate it from all the other ways in which the couple are connected to each other. So the transition from coparenting under the same roof to coparenting in different homes is complicated. Most people find it challenging to keep their feelings about the failure of their couplehood out of the discussion of issues dealing only with the child when they first make that transition. You will hear advice like "be cordial" ... "be business-like" ... "be civil." All good advice! But not so easy to do sometimes when the feelings you're carrying around are both intense and unpredictable.

While your child is learning the skills of successfully going back and forth between Mom's House and Dad's House, you are trying to learn the skills of coparenting with someone you may not trust or like or respect anymore. Some of those skills include: (1)defining and sticking to a clear agenda before discussions; (2) establishing and following ground rules for good coparenting communication; (3) taking a break when either person gets off topic or violates a ground rule; and (4) holding all non-emergency issues for the next scheduled coparenting meeting.

No matter how motivated a parent may be in this situation, too often the impulsive verbal or written jab is thrown and cannot be taken back. Just that quickly, damage is done to a relationship already fragile and struggling. Facilitated coparenting meetings are one of the tools offered at Hannah's House to help parents make the transition to face to face meetings and child exchanges. A facilitated meeting is conducted by an expert in both child development and family transitions. Each parent completes a list of issues they would like to discuss in the initial meeting. The coparenting facilitator compiles a rank-ordered agenda based on the highest priority issues for the particular family situation and provides that back to each coparent. The facilitator also gives each coparent some basic ground rules that will be followed during the meeting.

Most coparents find that a once a month meeting works well for approximately the first three-six months following the initial family transition then every other month for about six months. Some parents are able to meet on their own fairly early on in a cordial, civil and business-like fashion, with the help of friends, family and professionals. For those that are concerned about their ability to do that on their own immediately, the facilitated coparenting meeting is a resource available that can help parents avoid any pitfalls and land mines during the first meetings following the transition. Coparenting meetings, phone calls and emails are not the place to try to deal with your unresolved issues and feelings left over from your couple relationship. Do that in therapy, with your friends and family, or in your journal. Those adult issues have no place in the middle of a relationship that exists for the sole purpose of providing care for your child so don’t do it. If you can’t hold the boundaries, for the sake of your child, then admit it and let someone else take that responsibility for you...at least at the beginning.

Coparenting is a challenge but it does get easier. There really is a set of skills you can master, with time and practice.

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!

Transitional Coparenting

Transition is a word we all know. It means that something in my life is changing and I am in-between what used-to-be and what is-to-come. It means I don’t know how long I will be in-between.

Stress is a word we also all know. And most people understand that there is helpful/positive stress, and hurtful/negative stress.

Some transitions are a normal part of life and there are social/cultural rituals that support those transitions and the people going through them:

1 Birth of a child and every single thing that child learns to do for years to come!

2 Child starting pre-school and each significant transition through the academic years!
3 Engagement and marriage

4 Death of parents and grand-parents

Some transitions are unplanned, unexpected, shocking, and traumatic. These are transitions that do not happen to everybody.

These are transitions accompanied by a sense of isolation, judgment by others or fear of that judgment.

Divorce, separation, the break-up of a family…this is one of those unexpected transitions that don’t happen to everybody.

This is a transition that changes everything in our lives. Just the logistics can be overwhelming.

1 Someone has to move.

2 The legal system gets involved.

3 Extended family and friends take sides.

4 The division of labor in the household no longer exists – both parents become single parents.

This list is endless and truly includes almost every single aspect of who we are in our home, in our families, and in our communities.

Regardless of the trigger, transitions have three basic components.

T rusting
R eal
A nxieties

The fears and worries you have a real. Others may want to minimize them, to reassure you. Find people who understand that this transition is going to last a long time and you need to be able to feel the fears that go with that.

N eeding
S pecific
I nformation

Seek information from many sources! Don't just take that referral for a go-for-the-throat family law attorney because you are feeling afraid. Take a deep breath and honor yourself and your children enough to do some research. Find out everything that is available. Don't stop exploring until you are sure you understand all of your choices.

T o
I dentify
O ur
N ext
S tep

Once you understand your choices, it's time to make a decision. Don't try to solve everything at once. Just make a decision about the next thing you absolutely need to address. If you can take it just one step at a time, you will be less likely to make mistakes that will add to your stress.

Transitional coparenting often begins long before the household breaks apart into 2 separate homes. Tension, fighting, betrayal, fear – these feelings are usually part of the coparenting relationship even before the parents live in 2 separate homes.

Bad habits, automatic actions and reactions are created before either parent is even aware that it is happening.

Very few families break apart easily. New hurts occur in the process and intensify the old ones. This happens to everyone in the family. Unfortunately, the focus is all too often on the experience of the grown-ups. The parents are so focused on each other that neither is really protecting the children. More likely, the parents are competing to look as if they are protecting the children.

Sadly, both parents are probably focused on protecting the children from the other parent and not focused on protecting the children from the trauma of the parents not being friends anymore.

Transitional coparenting means:

1 keeping your own feelings about the other parent to yourself.

2 never saying anything negative about the other parent to or in front of the children.

3 reassuring children that both parents will always love them.

4 explaining that both parents have figured out that they just can’t live together anymore and it has nothing to do with the children.

5 saying “mommy” or “daddy” when referring to the other parent

6 communicating only about the children if the email or text is focused on coparenting

7 asking for support and change, rather than making demands

8 honoring the choices you made for the sake of your children.

Transitional coparenting is hard work. There will be many times when you want to explode or scream or rant in pain, hurt, or anger. You will have to delay, restrain yourself, and wait until the children have gone to bed or gone to be with the other parent.

Transitional coparenting means taking advantage of every moment you have when the children are not present, to take a deep breath and feel all the feelings about your marriage, your life, that other person who hurt or disappointed you.

Transitional coparenting means preparing for reuniting with your children every single time they come back. You want to be ready for them, welcoming, and as emotionally clear as you possibly can be.

You chose to create a child with the other parent…don’t hurt your child by letting them know that you have changed your mind. Reassure your child every day in every way that you love him or her just the way they are. Cherish the wonder of the child you and the other parent created and find ways to cherish the ways that child is like the other parent.

If you reject the other parent, you reject your child.

Find a support group for Moms or Dads of 2-home children. Start therapy. Take a coparenting class. Take a parenting class.

Bottom line: The transition of restructuring a family from 1 home to 2 homes takes a long time. And you are in this for the long haul, right?

Take care of yourself in some way every day, or you will not be able to take care of your children.

Teach Our Children Well

Parents are the first and most important teachers of social and emotional learning for children. Like it or not, we are heavily influenced in our love maps and social imprinting by our Moms and Dads. It is the reason that we end up 'marrying' our mother or father, metaphorically speaking. It is the reason that we almost all reach a point in our lives where we say..."OMG! I sound just like my mother/father!" It's also the reason that one of my favorite magnets is "If it's not one thing, it's your mother..."  :-)

Parents cannot be neutral influences in our lives because they are quite literally half of who we are. So an absent or impaired mother or father has just as much influence as an active and engaged one, although quite different in the way we are shaped.

We know from research and practical experience that the best learning for all of us emerges in the context of supportive and nurturing relationships that make learning challenging, engaging and meaningful. Social and emotional learning is the process by which we acquire and apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.

That is a tall order for any parent and chronic stress increases the challenge.  Family court involvement is often an unexpectedly long and complicated part of our lives, filled with uncertainty, anxiety and loss. There is no way that a parent, no matter how loving and committed, can possibly attend to the social and emotional needs of a child without help from others during a prolonged family court dispute.

We can learn to teach our children well even under great stress and emotional pressure, if we are taking care of our adult needs and attending to our own need for information and support. Transitions are difficult, even when they are positive. Life happens to everyone and family court is certainly not a part of life for everyone. But transition is a part of life that everyone shares. Uncertainty, anxiety and loss are part of the territory of the transition landscape. And there are resources in almost every community that assist people with all kinds of life transitions.

If you and your children are in transition, look for the resources in your local community involved in family court support. Possible sources of information are United Way, county Health and Human Service Departments, and your local nonprofit Foundation which is usually a great resource for nonprofit mission information.  Find the nonprofit organizations serving the needs of family court involved parents and children.

There is help available if you reach out for support. In San Diego, Hannah's House and Transitions Family Program are great resources and can also make referrals for other needs you may have. Our Family Resource Center is in development and we hope to be able to eventually offer resource information for family court involved parents and children locally, regionally and nationally.

Our children are watching and listening and learning from us every day. They absorb our lessons about social and emotional values in every moment we spend with them. Whatever we do, they learn from it. Whatever we say, they take in. I believe that parents who are in transition have an obligation to their children to recognize the need for help and support and reach out. That ability to recognize the truth of our situation requires self-honesty and courage. And those are lessons we want our children to learn - self-honesty and courage.

Back to School or Back to the Battlefield: Finding Peace and Healing for 2-Home Kids and Their Parents

August and September bring special days in the lives of children starting school for the first time or returning to school after a summer break. The emphasis here is on special days for the children!

Unfortunately, parents can easily take the pleasure and happiness out of these special days by placing the children in the middle of a coparenting conflict.

FOR EXAMPLE:

1   But, sweetie, Mommy (Daddy) already bought you a back pack! 

2   Oh, no, what are we going to do! I invited your granny and grandpop to your first day of school and you know they don't get along with your dad's new wife (mom's new husband)! 

3   What?! Did you say that Mommy and Daddy Bob (Daddy and Mommy Sara) are coming to your first day of school, too? You only have one Dad (Mom) and that is me!

For those of you think that there is a gender which has ownership of guilt-tripping 2-home children, think again. After nearly 30 years working with family court moms and dads I can honestly say that I still hear and see moms AND dads do and say things that surprise and sometimes even shock me.

And for those of you who want to say that I am criticizing parents and defending the system or that I am a part of it, I understand you frustration. But what can I do? I ask myself that every day which is why I am writing this blog. 

I can't prevent damage done to children because parents are waiting for the system to protect their child. I can't prevent damage done to children because attorneys are required to be zealous advocates for their family court clients, most of whom are adults. I can't prevent damage done to children because parents wait too long to protect their children from family dysfunction: domestic violence, substance abuse, mental illness, physical abuse, emotional and psychological abuse and violence. I can't prevent judges from making decisions that don't protect children, whether in the short term or the long term. 

This is what I can do. I can try to have a dialogue with coparents who know there must be a better way to coparent than always feeling defeated, or challenged, or angry, or competitive, or powerless. And there is. But it is hard work and takes commitment and lots of practice and lots of failures or at least near misses!

If you are stressed about your child's transition back to school, shift your focus. Put yourself in your child's shoes and figure out what this means to them. How does it feel to them when they are made responsible for your need to control and manage your anxiety about your coparent? Focus on your child, his or her needs from you, and keep your nose out of the other parent's business. Unless you need to call the police or CPS because your child has been injured physically or is in imminent danger of being injured physically, relax and reset your emotional and psychological boundaries. 

Anxiety interferes with empathy. If you allow your fears to run the show, you will behave in an egocentric manner that ignores your child and cuts him or her off from your support when they need you the most!

Focus on making your child's return to school fun and exciting with a focus on all the potential for discovery and pleasure in the coming months. Set aside your own fears and celebrate the joy of a child growing into new possibilities! If you can find a way to be positive or just respectful toward a coparent you have previously ignored or disrespected, then that would be awesome! 

If you can make just one step toward healing yourself at this time of important transition in the life of your family, then your child will flourish this year.

Family Break-Up: Minimize Chaos and Maximize Continuity

Proactive coparenting consultation prior to or least early on during the breakup of the family can make a huge difference in the life of children. It would also create some peace for the parents much sooner than wading through the family court process with either no preparation or only preparation from a zealous legal advocate. Attorneys are a necessary and important part of the process but more parents should do some research first to determine what type and what amount of legal representation their particular child sharing and property division situation requires. Many parents would take that step if they just knew where to go.

Parents making the transition from living in 1 home together to living separately in 2 homes need to do everything possible to plan the process so that they minimize chaos and maximize continuity for the children. If the parents can plan for and pay close attention to these two concerns, the larger changes in the family structure will be much easier for the children to navigate! The same is true for parents making the transition from single parenting to coparenting.

There is an excellent online resource for parents who are separating and who may never have thought very much about their coparenting relationship. For parents who are divorcing, Up To Parents is a great introduction to coparenting children living in two homes. For parents who have never married but are trying to figure out their child sharing, Proud To Parent is an excellent resource. Both of these offerings provide information about the court process and about the needs of the children. Parents who complete one of these FREE online courses can print the completion certificate and file that with the court or provide it to the other parent.

The Self-Help Centers located in the Family Courts in San Diego County are another excellent resource for parents seeking assistance and information about appropriate and necessary filings. Transitions Family Program at Hannah's House offers FREE support groups for moms and dads dealing with the challenges of family restructuring.

There are also voices of anger and outrage protesting the unfairness of the Family Court system. It is true that no stranger is going to make a better decision for your child than you, the parents will. The only reason that the Family Court system gets involved in family decisions is because a parent invites them to do so. Sometimes that is absolutely critical when a child is in danger from the other parent. Many times, it is not necessary to protect the child but is done to protect the insecurities of a parent.

Before you take action, get informed. Find and listen to a variety of voices on the matter. Try to be honest with yourself about your own emotions and work to separate those from the actual needs of your child. Remember that the support groups at Transitions Family Program are FREE and you will be able to meet with Moms or Dads with experience in this process. Take advantage of this opportunity to learn directly for yourself what others have learned. If you want to minimize chaos for yourself and for your child, don't rush unless it is a matter of imminent physical danger. Take a breath, and take some time to make thoughtful changes.

Don't Become an Adversary to Your Child!

Family breakup is a disruptive process that feels chaotic for all family members, and traumatic for some. Parents are responsible to work together to make sure that everyone in the family makes a successful transition to a new family structure that feels safe and secure and loving.

Some parents are unable or unwilling to accept responsibility for this basic parenting role. Instead they invest energy in blame, sabotage and competition. The traditional adversarial Family Court process sets up and reinforces this win/lose approach to sharing children, resulted in children who feel divided and conflicted. It is easy for parents to get swept up in the contest to present the most compelling story to a theoretically neutral judge who decides whether Mom or Dad is the most convincing. In criminal systems, this process is sometimes referred to as accusatorial.

When accused, our immediate reaction is to defend. Especially when our bond to our child is at stake. Yet, investing in defense, documentation, zealous representation and advocacy does not leave resources of time or money for parenting. Children can't be put on a shelf while Mom and Dad fight it out. As difficult as it is, at least one parent needs to focus on the immediate daily needs and routines of the child or the outcome will be defeat for the little ones, regardless of which parent "wins."

You chose each other to co-create a child. The history and the details of your personal choice are matters for you to explore and understand, not stories to be used to injure, exploit, and harm your child.

Here is a list of "don'ts" for you, if you are the parent who is serious about protecting your child and truly placing your child's needs above the competition and battle between you and your coparent:

Don't say negative things to your children about your coparent.
Don't interfere with or limit your child's time with your coparent.
Don't block phone messages, letters, cards, or gifts from your coparent.
Don't make it difficult for your child to reach and communicate with your coparent.
Don't express displeasure when your child talks about or shows pictures of time with your coparent. Don't detach from your child when he shows affection for or says positive things about your coparent.
Don't say or imply that your coparent doesn't love your child.
Don't create situations that pressure your child to reject your coparent or to choose you instead.
Don't say things to make your child feel unsafe or insecure with your coparent.
Don't confide in your child about adult matters that your child shouldn't know, like marital concerns or financial disputes.
Don't ask your child to spy on or secretly obtain information about your coparent and report back to you.
Don't ask your child to keep secrets from your coparent about things your coparent should have been informed about.
Don't refer to your coparent by their first name or by a formal address and their last name (e.g. Ms Smith) when talking to your child.
Don't refer to your new partner or spouse as Mom or Dad and expect your child to do the same.
Don't pressure your child to rely only on your opinion and approval.
Don't encourage your child to disregard or think less of your coparent's rules, values, and authority.
Don't make it hard for your child or make your child feel bad about spending time with your coparent's extended family.
Don't create situations in which your child will be angry with or hurt by your coparent.

Many parents who read this list find themselves repeatedly saying or thinking "But..." "But..." "But..." That is the nature of an adversarial/accusatorial system of problem resolution. When you find yourself defending and reacting, take a deep breath and shift your focus and energy to your child!

Focus on being positive, taking the high road, and being fully present to love and nurture your child when you are with them.

Coparenting Means Parents Supporting Each Other for the Good of the Child

Many parents give no thought to coparenting until they separate. This is unfortunate because coparenting actively begins around the time that discussions about conception of a child begin or, at the latest, immediately after conception. Parents make a multitude of decisions on behalf of the in-utero child from the basics of health and nutrition to the more advanced idea of implementing the findings from research on music and language exposure during gestation. For parents who complete marriage preparation classes, coparenting discussions may begin long before the parents even marry. The basic question each member of a couple needs to answer and share with his or her partner is "How will I support you in becoming a parent?" Once the child is born and begins to grow and develop, the question changes slightly to "How will I support you in becoming a better parent?"

The  concept of coparenting mutual support is particularly important because we know from the research that coparenting problems at 2 years of age can predict 7-year-old childrens' psychological problems, including somatic (body) complaints (my tummy hurts), Oppositional Defiant Disorder (ODD) and Attention Deficit Hyperactiviy Disorder (ADHD). These findings emerged from an examination of coparenting couples who were cooperative with one another versus competitive with one another, as well as couples where one coparent had a harsh style of discipline. The psychological problems in children occurred as a result of the competitive coparenting relationships, but not the cooperative coparenting, or those in which a parent was a harsh disciplinarian.

Successfully transitioning from married to divorced coparenting is complicated and challenging for any coparenting couple, but particularly so when the parents have had a competitive coparenting relationship. Simply put, these are parents who believe that he or she knows the best way to parent and has worked to prevail in decision making and active parenting by overriding, overwhelming, shaming, controlling, or simply ignoring their coparenting partner. The transition from 1 home to 2 homes is probably going to be painful for the children with poor outcomes in almost every life area, unless both parents learn to do three things.

First, focus on the children rather than him or herself or their competition, the other coparent. Second, regulate their emotional responses by learning to let go of divorce/separation anger as quickly as possible. And, third, choose carefully the battles about time and money rather just letting loose at every perceived opportunity.

For some people, these 3 important tasks/skills can be learned in a coparenting class. For others, some individual coaching and support may be more helpful. And for still others, typically those who have unhealed childhood traumas or devastating adult traumas, education combined with some personal therapy may be necessary. It is the responsibility of the parent to recognize and protect the vulnerability of the child rather than exploit it. Unfortunately, the competitive coparent will almost always exploit the child by actively engaging the child in the court battle and the adult issues.

If you find yourself coparenting with a competitive coparent, than find other social coparents in your circle of friends, family and community to provide kind, loving and nurturing adult models for your child. You can't change your child's legal coparent but you can certainly work actively to provide some health and balance sot that your child gets to have the experience of seeing parent-figures supporting each other for the good of the child.

Loving All of Your Child When You Hate the Other Parent

The other parent is in my child and my child is of his father as much as he is of me. I see it in his smile and the wrinkle of his nose. I hear it in his laugh and his distinctive voice. I marvel at the comfort of his extroversion that could have only come from his father. Today I have affection for all of these wonderful ways in which my son is like his father. But I struggled mightily in earlier years to find ways to love and nurture all of my son, and to support him becoming the young man he is today.

Asked if they love their child almost all parents would say "of course, I do! How could you even ask that question?" But in the world of divorce, broken families, custody battles and tension-filled co-parenting relationships, it is a question that needs to be asked slowly, thoughtfully and repeatedly to help parents overcome their denial about the direct damage done to a child who is raised by a parent who dislikes, mistrusts, or even hates half of who that child is.

Learning to love all of who your child is following the break-up of your relationship requires a strong commitment to developing a new set of parenting skills to protect your child over the long term from your adult emotions, judgments and disappointments.

Step 1 is learning to control your eye rolls, winks, sighs, hand signals, voice tone, whispered criticisms, and snide or sarcastic references to the other parent and his or her friends, family and values.

Step 2 is learning to communicate with the other parent ONLY about coparenting matters and doing so in a straightforward manner without hooks, barbs, innuendo, condescension or innuendo

Step 3 is finding a way to show basic respect for the other parent's contribution to your child's spirit, presence, personality, physicality, existence.

Step 4 is communicating that respect to your child in a manner that is genuine - children can tell when you are faking it.

Step 5 is skill development through practice-practice-practice.

Skills include a combination of:
1 noticing your emotional reactions/over-reactions,
2 restraining yourself,
3 talking your reactions over with other neutral adults,
4 learning when you need to initiate a communication
5 learning when you need to respond to a communication,
6 drafting and saving;
7 editing and saving;
8 editing and deleting OR editing and sending.
9 sending ONLY when you have determined that the response is appropriate and necessary,
10 limiting communication to 40 words or less and focused on just 1 topic, no more than 1 per day unless it is an urgent matter needing to be resolved in less than 24 hours.

Unless you truly have an "amicable" break-up, it is going to take anywhere from 6 months to a couple of years to sort all this out and begin to have some sense of competence about your coparenting. In the meantime, find some support from people who will help you be wise and mindful about your self care and the needs of your child.

What is Your Co-parenting Relationship Vision?

Cooperative means, at minimum, a cordial and respectful relationship - like the United States and Canada - those Canadians are just a little bit too nice to fully trust! Conflicted means one or both of you - at least some of the time - are reactive, controlling, and/or intrusive - like the relationship between Israel and Palestine. Parallel means there is a clear line of demarcation - like the line between North and South Korea - between the two homes with separate rules and little communication and no mutual cooperation. For those of you caught up in battle or stranded on the other side of the great divide, where you start and where you end up CAN be different. It requires one co-parent who is willing to be proactive, trust in the love the other parent has for the child, and share control of the situation. A personal example: My ex and I got through our divorce with the usual emotional bumps and bruises and were doing 'okay' within about six months in terms of the emotional, economic and community divorce aspects -- refers to Bohannan's Six Stations of Divorce, for those of you are interested. Our co-parenting divorce was a disaster. It was clear that we were not able to develop new patterns of childcare and living arrangements that adequately supported our child. So, I called my ex and made a proposal. Would he be willing to meet with me with a neutral third party knowledgeable about divorce, co-parenting and the needs of a 3 year old to help us make some positive changes? And, before he could say NO, would he be willing to find the neutral third party? He said yes. The director of our child's preschool was willing to sit down with us. We were able to negotiate a schedule and, most importantly, a process for co-parenting that worked well for the next 8 years. It broke down when he got engaged but that's another story not pertinent here. What matters is that our son had 8 years of calm, peace, respect, and routine because his Dad and I were able to care more about him than we did about our own sense of control. The deep-down, super-serious question you need to soul-searchingly ask yourself is "does my co-parent love OUR child?" And the second question . . . "Do I love OUR child?" Obviously not that simple because there is more to the question, ". . . enough to trust in that love for the sake of OUR child?" You are the only one who can make a difference in the co-parenting relationship. If you make the decision that the other parent is in charge, that you are helpless and powerless, that you have no responsibility, then you are teaching your child and modeling for your child what it means to you to be a parent, to be a grown-up, and to be a co-parent. What is your co-parenting relationship vision? Look at it from the eyes of your child, then answer that question. NOTE: There are grown-up issues that can block healthy adjustment, for some co-parents: domestic violence, substance abuse/addiction, mental illness. If you are in a relationship with these kinds of issues, then seek support and education and counseling to do the very best you can, whether you are the one with the problem or the one trying to co-parent with the person with the problem.

Right of First Refusal in Family Law Cases

Right of first refusal (ROFR or RFR) is a contractual right that gives its holder (the parent) the option to enter a business transaction with the owner of something (the child/ren), according to specified terms, before the owner (the parent/s) is entitled to enter into that transaction with a third party (extended family of origin and family of choice).

In brief, the right of first refusal is similar in concept to a call option. An ROFR can cover almost any sort of asset, including real estate, personal property, a patent license, a screenplay, or an interest in a business.........wait just a minute! Where are children in this list? Hmmmmmm. . .

It might also cover business transactions that are not strictly assets ....okay, then, here it comes... such as the right to enter a joint venture or distribution arrangement. . . Huh?! Again, where are the children??? Where do they fit?

In entertainment, a right of first refusal on a concept or a screenplay would give the holder the right to make that movie first. Only if the holder turns it down may the owner then shop it around to other parties. Geez...I am just not getting this!

Because an ROFR is a contract right, the holder's remedies for breach are typically limited to recovery of damages. In other words, if the owner sells the asset to a third party without offering the holder the opportunity to purchase it first, the holder can then sue the owner for damages but may have a difficult time obtaining a court order to stop or reverse the sale. Ohhhhhh....now I get it!

So, if I ask my best friend to trade overnights for our children so that we can each have some grown-up time, I can be sued by my coparent to recover the damages done to....now I am lost again. What are the damages? My child loves my best friend and her children so that can't be where the damages occur. My child can't wait to have my best friend's children spend the night at our house as soon as possible so that can't be where the damages occur. I get a little grown-up time which allows me to replenish myself, feel awesome about my life, and excited to reunite with my child, so that can't be where the damages occur. 

However, in some cases the option becomes a property right that may be used to invalidate an improper sale. This makes no sense at all! How in the world is somebody going to go back in time and take away the experience of fun, happiness, and joy my child experienced when he got to spend the night at his friends' house!?

I don't know about you but I am thinking that this whole concept of a Right of first refusal (ROFR) is completely inappropriate in the context of Family Law.  First of all, children aren't property, and second, coparenting is not about the rights/ownership of the parent; it's about the well-being of the child!
Hannah's House has FREE support groups for Moms and Dads who are co-parenting 2-home children. Child care is provided. Dad's Group is Monday night from 6-7 pm and Mom's Group is Friday night from 6-7 pm. The groups are open to any Mom or Dad with 2-home kids!

Ahhhh, the Holidays!

I can tell the holidays are here again because parents fighting over children has escalated at Hannah's House -- right now it's costumes and Trick-or-Treating. Soon it will be fights about when the family eats the turkey and what time that absolutely must happen! I met a 30 year old woman recently who spoke about how much she hates Thanksgiving and Christmas now because of the way her parents fought over her when she was a little girl. She said that there are not any good memories for her, just bad ones. Tension, fear, competition, and being caught in the middle between her mom and dad. She remembers trying to tell her parents to stop fighting, that she didn't care what time of day she hate turkey, that she didn't care if she had to eat turkey twice in one day, and that she didn't care what day she celebrated the holiday. All she wanted was for her parents to get along.

That is what most children of divorce and separation want, for their parents to get along. So what does that look like from the child's point of view? Here are some ideas! Let us play with our friends, wherever they are. Let us share a meal with Mom and Dad during the holiday week-end -- that's right -- the REAL day does not matter to a child. Lamenting the loss of family tradition is a coward's way out and sometimes that of a very selfish person pretending to be a grown-up. Sound harsh? I suppose so. But I have been helping children navigate the stormy and threatening seas of parental disputes over these holidays for over twenty years and things just don't seem to change.

What will your child associate with important cultural/family holidays? Fighting, tension, and the pretense of happiness? Or will it be compromise and a spirit of sharing? What a great opportunity to teach your child about cooperation, positive solutions and finding the win-win for everybody in the family -- I hope you seize this chance to be kind and generous with your child this year. After all, a family is a circle of people who love you and your child deserves to experience that circle of love during this holiday season

Happy 2013 Holidays! Hannah's House has FREE support groups for Moms and Dads who are co-parenting 2-home children. Child care is provided. Dad's Group is Monday night from 6-7 pm and Mom's Group is Friday night from 6-7 pm. The groups are open to any Mom or Dad with 2-home kids!

Who Taught You That?!

Don't make disparaging remarks about the other parent in front of your child.

Don't use your child to gather information about the other parent's home.

Most co-parents in family court have heard these cautions from a judge, lawyer, mediator, or counselor. Some parents comply and some don't. Some parents at least make the effort to comply and some don't.

A prohibition against such behavior is routinely made a part of court orders which -- at least in theory -- means contempt of court if a parent does engage in such behavior.

Some parents use a work-around, either consciously or unconsciously, to find a way to implicitly criticize the other parent. Here are some variations:
Who taught you that?
Where did you learn that?
You never did that before!

These are not so subtle ways of disparaging the other parent. The child can tell from both the question and the tone of voice that someone in his or her life is clearly doing something wrong. And, it's clear to the child that the parent asking him or her the question would NEVER allow the child to learn something like that because the parent asking the question ALWAYS does everything the right way!

Some of the problems with this approach are obvious. The most obvious is that moral superiority and moral outrage are not very attractive on anyone! One problem may not be so obvious. The parent in this situation is assuming a couple of things. First, that the behavior of the child is someone's fault other than the child and second, that the child would not be doing this unless the family ____________________________ . You fill in the blank. The filled in blank is some version of family life being different now than it used to be.

What's the problem? The parent is letting the child know that he or she either isn't responsible for their own behavior, or is communicating that they just can't help it. However, most of the time, children's behavior is developmentally appropriate to their age, personality, sibling and peer status, and development in a number of areas. Rarely is a child's behavior only the result of one person or a particular life situation. Blaming someone (like the other parent or their friends/relatives) or blaming a life situation (like separation, divorce, or a restraining order) gives the Child an excuse to behave badly. Even if there is a direct link between a divorce and a Child's unkind/destructive behavior toward others, the problem is still the behavior and the Child is responsible and needs to learn the natural consequences of that behavior.

If your child spits in your face, which of these actions do you think addresses the issue:
(a) at the first opportunity, write a note to the parent in other home asking them to please tell the Child not to spit in your face;
(b) ask the Child "Who taught you to do that?"
(c) put the Child on time out immediately and limit his or her contact with other people for the rest of the day because of the choice he or she made.

Hopefully, you picked the third option. It's the behavior that is the problem, not where it came from or who is responsible or what it might mean. If the behavior is happening right now with you, then it is your problem. And it is your responsibility to address it in a firm manner that clearly communicates your expectations about the child's behavior. If you allow the behavior to occur without a consequence or without an adequate consequence because of your personal conflicts about your adult life, then the Child gets the message that it's okay to engage in bad behavior because there is someone else to blame and someone else to hold responsible.

Respect your Child and his or her ability to learn, care and make positive life choices. Empower your Child to claim responsibility for his or her own behavior. Nurture your Child's self-esteem by assuming he or she has the ability to become a competent partner in relationship to other people.