Monday, February 28, 2011

Q & A: My fiance's ex-girlfriend tells her son to lie and keep secrets--what can we do about this behavior?

Q.  My fiancé and his ex-girlfriend have joint custody of their son.  His ex is way more lenient about a lot of things at the house, and knows that my fiancé does not agree with this.  We have found out that she takes his son to McDonald’s before dropping him off at our place for dinner just to please him, knowing that it will upset my fiancé, so she tells her son to keep it a secret from him.  She does this with a lot of things, and his poor son breaks down and tells us these things anyway and says that he doesn’t like keeping these secrets.  What can we do about this?

A.  First off, have your fiancé encourage his son to tell his mom he doesn’t like keeping these secrets—or any secrets, for that matter—from his dad.  This lets his son know that he does not need to be the mediator, messenger, or “secret holder” for each parent.  What this ends up doing is leading to parental alienation, which can cause the child to pull from one child towards another, thus allowing one parent to use the child as a pawn against the other.

Second, sit down with your fiancé and talk to the ex.  Let her know that her son has not been keeping these secrets and that you’re proud of him for knowing that it wasn’t right and speaking up.  Kindly remind her that these secrets do nothing but hurt others, including their son.

Another thing to consider, as well, is that these kinds of activities tend to start up before a parent starts fighting for more custody.  She may be trying to use her son and essentially bribe him toward her and away from his father in order to get him to favor her in court, possibly in order to get her son to say he’d rather be with his mom, mainly because she’s “more fun” than living at your home where certain rules exist, such as chores, bedtimes, and responsibilities.  Keep an eye on her actions to ensure this is not what she is trying to set up.

Monday, February 21, 2011

Q.  My husband and I have certain rules in our household, but his ex, with whom we share custody of his son, has absolutely no rules in place in HER household.  I don’t feel that it is beneficial to the kids to not have consistent rules in each household, but my husband won’t bring it up with her because for once, things are going smoothly.  What do we do?

A.  Everyone parents differently.  And when it comes to bouncing between two different families, children can pick up on these inconsistencies very quickly.  If one parent has a strict bedtime and the other doesn’t, they’ll choose the later bedtime any day.  Yet at the same time, the more lenient parent will tend to get all the positive praise from the children because of the fact that there are no rules, no chores, no disagreements at the other parent’s house.  And at some point, you have to learn to pick your battles—if the kids are fed, bathed, well-rested, etc., the situation should probably just be left alone.

There are a few instances where you should step in.  This is if you feel the children are in harm’s way or are at risk of being hurt, injured, abused, etcetera.  This is obviously a time in which you—and your husband—should step in and talk to his ex, or, depending on the severity of the situation, call the proper authorities.

There are typically certain things that both parents NEED to agree on.  These typically involve things such as religion, education, and any extracurricular activities that may cost extra money for both parents.  These issues are typically—and should be—worked out during the divorce and put on the court order to ensure that there is a legally binding agreement between both parents about the things that are most important to them and their child.

Bedtimes, chores, and all those extra rules are not placed in a court order, but can sometimes be worked into a parenting plan.  Find out what your husband and his ex have written up in their parenting plan, and consider letting him know he has the option to make some changes on things if they are really important to him and concern the children’s health and well-being.  But otherwise, let it go unless it’s a serious issue—learning to pick your battles is one thing you will quickly learn to do when dealing with your significant other’s ex.

Monday, February 14, 2011

Q & A: Can my boyfriend and his ex work out a parenting plan for custody and visitation without going through the court system?

Q.  My boyfriend and his ex-girlfriend have a child together.  Even though they broke up before their son was born, they have always worked well together, come to agreement on any issues, and have never argued about money or child support.  They never took each other to court for custody, and agree on a joint custody arrangement, splitting everything half and half.  However, I want to make sure my boyfriend is protected and has some sort of legal rights.  Neither party has the money to hire an attorney.  Can they write up a parenting agreement, have it signed and notarized, and have it hold up in court if there was ever an issue?  How can they make a legally binding parental agreement without dragging in expensive lawyers and legal assistance?

A.  Yes, they can definitely do this on their own without hiring on an attorney or lawyer.  They can work together to write up what’s called a “parenting plan” that they both agree on, that they both feel works for them and their son. Other paperwork regarding paternity is “required” as well. They can either do this with a mediator in the family courts and have it entered in as a court order, or they can write it on their own, have it signed and notarized by both of them, and also have that entered into the court.  That way, the document is legally binding and then they must follow the parenting plan or else the other parent could take the issue to court and fight for custody of their son.

Monday, February 7, 2011

Q & A: What can we do about my boyfriend's ex-wife's abusive live-in boyfriend?

Q.  My boyfriend shares joint custody of his two children with his ex-wife.  His ex-wife recently hooked up with a boyfriend who now lives with her, and there have been stories told by the children about abusive discipline by the live-in boyfriend.  What can my boyfriend do in order to protect his children?

A.  First off, who is telling you the stories about the children?  The children themselves or just spiteful naysayers?  If the children themselves are stating the abuse is happening, it’s time to call Child Protection Services.  Once they interview your boyfriend and the kids, they can help you get an Emergency Order against his ex-wife which would give your boyfriend full custody of the children until the issue goes to court.  Having CPS and child evaluators on your side will help tremendously, as will any police reports of domestic abuse that may have occurred at her household.  The more proof and people you have behind you both on this will help a lot, so get as many witnesses, evaluators and written documents together as you can to help make your case for custody strong.