Break the [wounds +unawareness] cycle and guard your descendents

        

Resolve Child Custody Conflicts - p. 3 of 3

Co-parents' Needs, and Options
for Lasting Conflict Resolution

By Peter K. Gerlach, MSW;
Member NSRC Experts Council
 

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The Web address of this three-page article is http://sfhelp.org/Rx/spl/custody.htm

Continued...

        This is the last of three pages that explore factors underlying typical child-custody conflicts, and options for lasting conflict resolutions. The first two pages propose 12 premises about all custody situ-ations, three goals of effective child-custody arrangements, common needs that minor kids and co-parents need to fill, and a common type of custody conflict. This page summarizes two more types, and some general options for resolving major custody disputes.

2) A Stepparent Demands a Custody Change

        Some custody battles occur because a child's custodial stepparent gives an ultimatum to their mate: "Either your child goes to live with their other bioparent, or I leave." A child can issue the reverse ultimatum: "Either my stepparent leaves, or I'm going to (a) live with my other parent or (b) run away." Though there can be many surface reasons for this, the primary causes are usually some mix of these:

the mates haven't accepted their identity as a stepfamily, and/or what it means; and/or...

one or both mates are wounded + unaware + haven't learned how to dig down and evolve effective strategies to master values and loyalty conflicts and associated relationship triangles. Symptom: the stepparent feels their mate puts a stepchild's needs first too often, despite the stepparent's hints or protests; and/or...

the custodial biomom or dad is wounded, blocked in (a) grieving prior losses and/or (b) reducing major guilts, and (c) s/he is unaware of this, minimizes it, or denies it; and/or...

one or both mates chose the wrong people to commit to, for the wrong reasons, at the wrong time.

If a stepparent is the primary instigator of your custody dispute, know that the real problem is re/marital, not child custody! Follow the links.


3) A Mental-health Professional Recommends a Custody Change

        The most complex and often the bitterest legal child-custody disputes follow an attempt to resolve the impasse with (a) psychological evaluations of each bioparent, and/or (b) professional mediation. A family-law judge rules that the conflicted co-parents must comply with a formal competency evaluation by a court-appointed professional, at the co-parents' expense.

        The professional is often a veteran family therapist or Ph.D. psychologist who specializes in evaluating which co-parent's home is more likely to fill a child's developmental needs. Co-parents often feel they're being forced to accept a stranger they didn't choose invading their privacy and assessing who is the better parent - with too little understanding of family history and realities, and probable alien biases. 

        No matter how competent, compassionate, or neutral the professional is, court-ordered psychological evaluations are expensive, prolong stress for weeks or months, often increase co-parental barriers, and lower the family's nurturance level. The latter is specially likely if one or both bioparents have new (stepparent) partners, and the evaluator has no informed training in stepfamily basics. This seems to be the current U.S. norm.

        In my professional experience since 1981, the evaluator, judge, and attorneys make a formal custody recommendation often discounting or ignoring a stepparent's presence, needs, and role-competency (or lack of same). This is like mechanics and their supervisor agreeing to ignore the function and status of one engine on a multi-engine jetliner.

        A court-ordered psychological evaluation of conflicted co-parents guarantees that the presiding judge...

  • doesn't know the co-parents need help learning how to identify and resolve their mix of these primary problems, and/or...

  • lacks informed training, experience, resources, and time to make an appropriate ruling. It can also mean...

  • the judge and attorneys are focused on just the child, or just on one home in the near future, rather than evaluating how to help the co-parents in both homes learn to resolve their problems as informed co-parenting teammates - i.e. ruling what's best long-term for the nuclear stepfamily, not just a child.

        Three preventable social causes of this problem are...

  • U.S. clergy not being required by law and/or denominational policy to evaluate and confront couples who are probably making wrong re/marital choices,

  • marriage licenses being routinely granted without competently assessing whether couples - specially parents - can demonstrate their relationship and co-parenting competences; and...

  • family-law professionals and psychological evaluators being untrained in ex-mate needs and barriers, divorced-child needs, stepfamily basics, and how to help families with these primary problems.

        By themselves, these premises and ideas will change nothing. When you digest and discuss them and are ready to act, you'll need to review your...


Custody-resolution Options

        The following ideas are a buffet of possibilities to choose from, rather than must-do's...

         If you have a significant dispute over child custody now, it's probably a symptom of some mix of these hazards.  For perspective and options, see where this leads you.

        Accept that you will have to change something comfortable (or at least familiar) to reduce the custody conflict. As long as you blame or criticize your ex, a parent, a lawyer, or someone else, your chances of lasting resolution stay low. That puts your kids at long-term risk of anguish and (more?) psychological wounding.

Experience

        Try this safe exercise: Get quiet, undistracted, and comfortable. Imagine yourself and your present and/or ex mate as mellow old people - well past old hostilities and hurts. You're looking back on your lives to evaluate your parenting choices before and after your divorce/s and/or re/marriage/s. You have no more time to "make things better," only to evaluate and experience.

        Now imagine your present child/ren vividly as being middle-aged and probably parents themselves. Picture you two co-parents sitting with each adult child, one at a time, and learning how they felt about your personal parenting choices during their first 25 years. Be your older Self, don't observe him or her.

        Hear and see your son or daughter speaking his or her heart honestly - not politely or kindly. This is not about right or wrong, or blame and guilt - it's about acknowledging what happened to you all, and why, and feeling.

        Take your time with this imaging. Repeat it several times, if helpful. Consider journaling about your experience, including writing down or tape-recording the dialog that emerges between you aged co-parents and each of your future adult children.

        When you return to current reality, note the potential value of "wakeful dreams" like these. Hopefully, you have many years to shape how a future real discussion might turn out, as you approach your death. If you choose to avoid this experience, imagine sitting with your dying self, looking into her or his wise eyes, and asking for an honest reaction to your avoidance. 

        Another option is to calmly imagine your Spiritual self, guardian angel, Soul, Higher Self, and/or Higher Power joining your future discussions, or being in separate discussions. The object of all these options is to give you experiential awareness of the long-range implications of your current co-parenting choices, including your child-custody decisions.

        A third option you co-parents have is to ...

        Check your priorities.  Except for crises, if your personal wholistic health and integrity comes first, your primary relationship (if any) second, and your family's long-term nurturance level is third, you're most likely to evolve healthy long-term co-parenting decisions, including child-custody resolutions.

        Raise your awareness.  My clinical experience is that typical caregivers try to make effective long-term childcare decisions without knowing what they need to know. To find out what you co-parents do know, read and discuss each recommended article here

        Ignorance (lack of knowledge) will reduce the wholistic health and happiness of each of your co-parents and kids. The good news: if you partners are guided by your true Selves, you can intentionally change ignorance into shared knowledge. That empowers you to make healthy co-parenting decisions (including about custody), and keep your balances as you implement them.

        Another powerful option you co-parents have is to intentionally...

        Increase your communication effectiveness! My consistent experience as a therapist with over 1,000 conflicted family adults since 1981 is that they fight, argue, debate, explain, and avoid, rather than problem-solve. Can you define the difference? Can you name the seven communication skills that your kids depend on you adults using to help fill everyone's needs? 

        If you've had legal and counseling expenses in resolving child-related conflicts, estimate how much you've already paid, and may pay in the future. Now imagine vividly what you'd rather have done with that money. That's the cost of (a) your false-self wounds, and (b) not knowing and using these learnable Project-2 skills. Notice your reaction...

        And on your child(ren)'s behalf, you may choose to ...

        See your custody battle as a symptom of the real problem, like insomnia and some headaches are often a symptom of personality- subselves' distress. If you try this, notice what happens to your focus. From long experience, I propose that your primary "child custody" problem is adults' wounds + unawareness + ignorance + unresolved teamwork-barriers.

        As an investment in future (step)family peace, study these ex-mate articles, follow the links within them, and consult with your elderly future self as you go. Then redirect your energy from surface conflicts to patiently reducing each barrier among your co-parents for all your sakes. Reducing each barrier and building effective teamwork will take many months. Keep a long-range view, and consider using qualified professional help along the way.

        Invite your ex to read these articles and to join you in healing your co-parental relationship. Offer this, rather than demand it, if you can do so without implying blame or contempt. If either of you is psychologically wounded, you may have trouble doing this. If so, refocus your energy on wound-recovery for your and your descendents' sakes.

        Another challenging custody-resolution option you have is to ...

        Pick your family supporters and resources carefully. Disregard well-meaning relatives, friends, authors, and Webmasters who advocate aggressive (vs. assertive) stances and actions with your child's other co-parents. Choose people who understand ...

what kids of divorce and/or parental re/marriage really need, and ...

common stepfamily basics, realities, hazards, implications, and merger tasks; and...

what happens when kids are unintentionally raised with too little psychological/spiritual nurturance; and choose supporters who understand...

why using legal force to resolve child-related disputes is a lose-lose-lose decision, unless child abuse or neglect are probable or sure.  

People who promote (a) mutually-respectful assertion vs. aggression or avoidance, and (b) win-win problem-solving vs. fighting (with or without lawyers), are your family's best long-term helpers. 

        Unless a child is in clear risk of current physical and/or psychological harm, I urge you release any lawyers and learn how to problem-solve effectively on your own - i.e. commit to Project 2. Child-custody and other co-parenting disputes will probably cause hurt, resentments, distrusts, and guilts for many years. You can learn to resolve family conflicts well together if you co-parents are all guided by your wise, far-seeing true Selves!

        Another option your co-parents have is ...

        Be cautious about using co-parental child abuse, neglect, and/or addiction as the primary reasons for making a custody change. These provocative (shaming) terms promote adults' false selves ruling their personalities. If you feel any of these three terms may apply to your situation, make sure you clearly understand what each of them is before acting to protect kids from them. Quick check: can you confidently name ...

  • the three conditions that must clearly exist before true abuse (vs. aggression or neglect) occurs?

  • at least 15 of the ~30 nurturances that typical minor kids need to grow healthily? "Child neglect" is being unable or unmotivated to provide most of these 30 factors consistently.

  • the four types of addiction, and the unconscious primary need that causes each of them?

        After patient fact-gathering and informed deliberation (perhaps with a professional consultant's help) - if you conclude that a custodial co-parent really is abusive, neglectful, and/or addicted, then act swiftly to protect affected kids. Use legal help to do this as a last resort, unless someone is in immediate danger.

        If you feel another co-parent or key relative in your family is abusive, neglectful, or addicted, I urge you to view them compassionately as wounded, not bad co-parents or persons. Scorning and blaming (feeling superior to) a wounded person suggests false-self dominance. It guarantees (a) chronic ineffective communication; (b) defensiveness, distrust, and reciprocal scorn; (c) wounding dependent kids; and (d) stressing you all, long-term.

        This does not mean you should condone, ignore, or enable a wounded co-parent's actions. It means that you should enforce respectful boundaries with the wounded one/s, and avoid blaming, sarcasm, ridicule, exaggeration, and disparagement. Otherwise your kids will be caught between you, which will encourage their automatically developing a false self to survive. 

        If you're involved in a child-custody battle now, or you expect one, stay alert for a "right time" to print some of these Web articles and give copies to other co-parents, older kids, and any professionals involved. If you do, stay aware of the important difference between respectful requests and demands ("Marilyn, I expect you to read these three articles by next Tuesday.") If you're in a co-parent support group, consider passing out copies for discussion.

        Whether you agree with the opinions here or not, offering copies of these articles, and/or referring other co-parents to them on the Web - will at least provide fertile ground for co-operative discussion among you all. Your kids will benefit, and probably you adult partners will too.

        Another useful custody-conflict option you co-parent partners have is ...

        Reread and discuss this article and relevant others every several months. Many of these Web pages include or refer to checklists. Use them to assess your current status, and gauge later how you're progressing. Relationship-building and healing after divorce or parental death and re/marriage is slow work. Not having clear evidence of your progress can be discouraging, so periodic affirmations of your learning, healing, and bonding can nurture you all.

        Did you realize how many options you co-parents have to patiently evolve effective child-custody arrangements? Help each other spot and avoid "bi-polar" (two-option) thinking, which often suggests false-self dominance. You always have many options toward filling your subselves' and (step)family members' needs!

        Pause and reflect: if you want to follow up on any of these options, (a) which ones, (b) what - specifically - do you want to do with each of them now, and (c) what, if anything, is in your way?


Recap

        Many divorcing bioparents co-create prolonged, bitter fights over the custody of one or more dependent children. This can happen as part of marital separation, or later after a parent re/marries. Custody battles can involve stepparents, stepkids, and biological, "ex," and new in-laws psychologically, logistically, and financially.

        Because minor kids' welfare evokes intense feelings and different values, physical and legal custody disputes can be exceptionally complex and hard to resolve. This is partly because they are (usually) one of many concurrent (step)family role and relationship conflicts - specially in a new multi-home stepfamily.

        This three-page article begins with a set of basic premises underlying effective custody-conflict resolution. It continues by defining three goals of a successful child-custody arrangement, and outlining common primary needs of typical kids and co-parents. The article closes with ten resolution-options you co-parents can tailor to fit your unique family situation.

        Several points merit emphasis here:

Long-lasting resolution of any co-parental conflicts is unlikely to impossible if one or more of your three or more co-parents is dominated by a false self. Co-parent Project 1 gives you all an effective way to assess and reduce this dominance, over time;

Effective custody negotiation is far more likely if you co-parents view yourselves as (a) a multi-home (step)family system, and (b) teammates with common child-rearing goals and responsibilities, instead of  opponents in two different families; and ...

Your collective odds for long-term peace and harmony rise if your divorced bioparents share responsibility for patiently reducing any significant barriers that block you from nurturing your dependent kids cooperatively. Two keys to doing this are safeguard Projects 1 and 2; and...

Do everything you can to avoid using the legal system to force custody resolutions, unless you're very sure a custodial parent is abusive, neglectful, and/or addicted. If you are sure, compassionately view that person as wounded, not bad, as you act assertively to protect your child/ren!

      In my 27-year clinical experience with over 1,000 typical co-parents, major post-divorce conflicts over child custody, visitation, financial support, and/or discipline and education are always signs of false-self wounds + unawareness (vs. stupidity). Once understood and acknowledged, you co-parents can stop each of these from stressing your family-members' lives. Your kids depend on you to do this for all of your sakes!

        Pause, breathe, and reflect: why did you read this article? Did you get what you needed? If not - what do you need now?

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