Today’s Articles March 6, 2012
Tuesday, March 6th, 2012- Making shared custody work
The family court always favors custody verdicts that are in the “best interests of the child” and as such can dictate the rights and requirements of parents where shared custody (technically referred to as ‘joint conservatorship’) has been granted.
Shared Custody is a tricky balance to get right, but if you want to avoid involvement from the courts and make your custody agreement work for the best interests of your daughter or son, plenty of planning will be necessary to determine how to make the move between the two homes as smooth as is workable.
An example of a good routine in a joint conservatorship is to set up a jointly agreed upon system of house rules in both places of residence. Often parents are tempted to immediately change rules that were a source of exasperation during the marriage or that remind them of their former partner. Such incongruities though can be troublesome for the child, and even push them to accommodate their behaviour between homes.
As a result, children can become very good at pleasing or even manipulating circumstances between the homes for their own gain in situations where parents are still emotionally at risk. This is not because children are in essence wicked but is simply a survival strategy. A child wants consistency of rules and schedules between homes, for both personal peace and for their healthy emotional and physical development.
Creating this consistency may require repeated phone calls and meetings between parents to determine the needs of the child and the working out of a plan together, so that there are obvious expectations and little room for emotional manipulation. Make sure, as far as is possible, that both homes are in agreement on rules regarding bedtimes, tv viewing, internet use and going out with familiar companions.
As your child grows, these rules will, of course, need to be revisited together and alterations implemented co-operatively. In truth, parents who agree to a joint custody arrangement because they are openly looking to the best interests of the child need to put in the stage in your life that you spent necessary to make it work. They also need to be ready to change the deal should the needs of the child change.
When a child decides that he or she would now like to spend added time in the home of one particular parent, there is often an impossible guilt that they feel over choosing one parent above the other. Parents need to be proactive in freeing their child from this guilt by making it explicit that the arrangements have been created to serve their best interests and not your needs, and that you are therefore always open to vary them.
Research still suggests that most children are more settled in one permanent residence. Parents often see joint custody as an arrangement that satisfies their ‘rights’, but the peril is that the child’s needs will be lost sight of in the process. Shared Custody is achievable, and it can work superbly, but, as in any custody agreement, a willingness to be adaptable and to put the child first are the keys to success.
For more information on Shared custody – working together:
http://www.texaschild-custody.com/texas-family-law-and-shared-custody.php
- Custody-Rights – Should-I-Stay-in-Texas?
Your earliest thought after a long-term relationship breakdown might be to move as far away from your ex as possible – getting away from Texas and moving interstate – but this can cause all sort of complications if there is a little one involved: emotional, social, and also legal problems!
Keep in mind that the Texas Family Court considers the interest of the child to be the key determining factor when determining custody, and a parent who moves away from the scene after a relationship breakdown is rarely identified as acting in the best interests of the children.
Maintaining some degree of permanence for your little ones through the disruption of family breakdown is crucial, and you need to understand that your child’s whole notion of ‘home’ is one that was developed from within that environment you created when you and your former partner were still in a relationship.
Therefore you should avoid uprooting your children from the family residence if at all possible, especially in the early months after separation.
Staying at your residence may be difficult, particularly if you have friends or neighbors whose very presence reminds you of the pain of your relationship breakdown, and you may yearn for the support of your family and friends, who may live a long way away. Yet this is the home of your children home. And the ‘home’ is more than four walls and a bed. It also consists of friends, sporting clubs, and your child’s well-known recreational hangouts, all of which your child may depend on now more than ever!
If you are the parent you has been forced to leave the family home, this makes the matter of place of residency no less important, and you should weigh up very carefully about how to maintain a stable environment for your child when you choose where to live.
From a practical standpoint, living closer to your spouse also means that a joint custody option is more workable.
By remaining close to your child’s buddies, this also allows play-dates to continue in the familiar way, babysitting arrangements can be more easily administered, as can the logistics of collecting forgotten belongings from your child’s other home.
If you give thought to the long-term, you’ll realise that living close by means that you can better support the other parent with school pick-up’s where one of you is delayed, and in a variety of other practical matters. This all means more “normal” time spent with your child that improves the position of both parents and the children.
And keep in mind that these issues are not solely personal family matters. They are also legal issues, and can play a basic role in determining custody cases. The family court in Texas awards custody by defining what is in the best interests of the little ones, and it is seldom going to be in the best interest of the little ones if one of the parents relocates interstate, most especially if they are planning on taking their children with them.
For more information on Custody Laws – what if I move interstate?:
http://www.texaschild-custody.com