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Father's Rights in Divorce

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Follow these guidelines to make the transition of divorce and the process of family restructuring and rebuilding easier for you and your children.

1. If you have not done so already, call a truce with your Ex. (Note: Your Ex does not have to take the same action.) Divorced parents can succeed at co-parenting. That success may not begin with harmony but, at a minimum, a ceasefire is necessary.

2. You are stuck with each other forever. One day, you will be Grandma and Grandpa to the same babies. And when these babies are grown they will repeat the stories that they heard about Grandma and Grandpa. This will be your legacy. How do you want to be depicted?

3. Divorce creates a breakdown of trust and communication. Accept this and work towards rebuilding trust and communication with the other parent, even if it feels like you are doing all of the work. And, be patient, emotional wounds need time to heal.

4. Establish a business relationship with your former spouse. The business is the co-parenting of your children. Business relationships are based on mutual gain. Emotional attachments and expectations don't work in business. Instead, in a successful business communication is up-front and direct, appointments are scheduled, meetings take place, agendas are provided, discussions focus on the business at hand, everyone is polite, formal courtesies are observed, and agreements are explicit, clear, and written. You do not need to like the people you do business with but you do need to put negative feelings aside in order to conduct business. Relating in a business-like way with your former spouse may feel strange and awkward at first so if you catch yourself behaving in an unbusiness-like way, end the conversation and continue the discussion at another time.

5. There are at least two versions to every story. Your child may attempt to slant the facts in a way that gives you what she thinks you want to hear. So give the other parent the benefit of the doubt when your child reports on extraordinary discipline and/or rewards.

6. Do not suggest possible plans or make arrangements directly with pre-adolescent children. And, always confirm any arrangements you have discussed with an older child with the other parent ASAP.

7. The transition between Mom's house and Dad's house is often difficult. Be sure to have your children clean, fed, ready to go, and in possession of all of their paraphernalia when its time to make the switch. Better yet, if possible avoid the dreaded switch by structuring your time sharing so that weekends start Friday after school and end with school drop-off on Monday morning.

8. Do not screen calls from the other parent or limit telephone contact between your child and the other parent. Instead, ensure that your child is available to speak to the other parent when s/he is on the telephone.

9. Do not discuss the divorce, finances, or other adult subjects with your children. Likewise, avoid saying anything negative about other parent and his/her family and friends to your children.

10. Children are always listening - especially when you think they're not. So, avoid discussions regarding the divorce, finances, the other parent, and other adult subjects when your children are within earshot.

11. Avoid using body language, facial expressions or other subtleties to express negative thoughts and emotions about the other parent. Your child can read you!

12. You can discuss your feelings with your children to the extent that they can understand them. But, if you let your child know that you are terrified of the future, your child will be terrified too. Instead, keep a balanced emotional perspective that focuses on the difference between feelings and facts.

13. Do not use your child as a courier for messages or money.

14. Support your child's right to visit their grandparents and extended family. Children benefit from knowing their roots and heritage. And, children love tradition. Extended family provides children with a sense of consistency, connection, and identity - especially during divorce. Remember neither extended family is better or worse - they are just different.

15. Avoid the urge to question your child or press him for information regarding the details of your co-parents personal or professional life.

16. Each parent must establish and maintain his or her own relationship with the children. Neither of you should act as a mediator between the children and the other parent. And, neither of you should act as the defense attorney, presenting a child's case to the other parent.

17. Be on time for pick-ups and drop-offs. Do not enter the other parent's home unless you are invited in.

18. Your child's relationship with his parents will influence his relationships for the rest of his life. Never put your child in a position where he has to choose between his parents or decide where his familial allegiances lie. Instead, allow him to love both parents without fear of angering or hurting the other.

19. Do not take it personally if your teenager prefers to be with his/her friends. Don't push, but remain available. If you feel rejected and back-off, your teen may feel rejected in return.

20. Expect that your children may feel confused, guilty, sad and/or abandoned in response to the divorce. Acknowledge their feelings as normal and remind them that even though the family is undergoing a major change, you and their Dad/Mom will always be their parents.

21. Even if the other parent disappoints your child or fails to honor a time commitment, you will tell the child that in spite of this error the other parent loves the child very much.

22. If your kids want to talk, shut-up and listen.

23. Keep your children informed about the day-to-day details of their lives and your separation/divorce in a way that they can understand.

24. Maintain as many security anchors (continuation of relationships, rituals, and the environment) as possible.

25. Don't overindulge your children out of guilt or in an attempt to "buy" them. Children want to stay up late but they need rest. Children want candy but they need vegetables. Children express financial wants but they have emotional needs. Give your children a small amount of what they want and a lot of what they need.

26. Remember no one is all bad or all good. Be honest (with yourself) about your ex's and your own strengths and weaknesses.

27. Be consistent in how you discipline your children. Set boundaries, giving them freedom within a limited area, and enforced rules outside of the "corral."

28. Avoid giving mixed messages or false hopes of reunification.

29. Remember that schedules will have to change from time to time to accommodate circumstances and your child's development. If you need to change the schedule notify your co-parent ASAP. When your co-parent needs to change the schedule show a relaxed flexibility and go with the flow.

30. Share good memories, but do not live in the past.

31. Consider occasionally separating your children in order to give each parent some individual time with each child.

32. Introduce your child to neighborhood children that she can play with at her second home.

33. Consider holding monthly family meetings, with a rotating chair, to discuss chores, problems, schedules, plans and challenges.

34. Coordinate with your co-parent so that school events, functions and activities are covered. Who will buy the school pictures? Who will handle field trips? Who will work the fund-raiser? Who will work on the science project? Who will buy the school supplies? Who will handle the teacher's gift?

35. Don't forget old family traditions and rituals - practice them and create new ones.

36. Be willing to separate your needs from the needs of your children and make their needs the priority.

37. Keep parenting issues separate from money issues.

38. If possible, tell your children about the pending separation together before one parent leaves. Plan a transition time if you can.

39. Remember to tell your children:
(a) Your father/mother and I made the choice to divorce because we thought it would be best for everyone.
(b) Both your father/mother and I love you and will always love you. The love that a parent has for a child never ends.
(c) Your mother/father and I are working together to make sure we take care of you.
(d) Your mother/father and I each have a special relationship with you. You can love us both and never feel that it means choosing between us, just like each of us loves you and your brother/sister.

40. Ensure that boy/girlfriends and potential step-parents go slow, stay out of the divorce, don't interfere in a child's relationship with either of his natural parents, and do not encourage the child to call them Mom or Dad.

41. Children, of any age, may be hesitant to spend time with a parent for a variety of reasons. Both parents should encourage the child to go with the other parent.

42. If you are not united it will confuse your child and confirm to him that he can manipulate you.

43. Make sure that your child's friends' parents know your co-parent and know that they can trust him/her with their child.

44. If you are a long-distance parent:
(a) Remember that your child is a digital native. On the other hand, depending on your age, you may be a digital immigrant. Use your child's advanced knowledge of technology to keep you connected.
(b) Watch TV together. Let your child know that you will be watching her favorite show and will be ready to talk about it.
(c) Give your child pre-addressed, stamped manila envelopes so that he can send you schoolwork and other paperwork.
(d) Make audio and video recordings for each other. Nothing to say? Record yourself reading a book and mail the book and the recording to your child.
(e) Remember small events. Send cards, pictures and letters for Halloween, Valentine's Day, The 4th of July, etc.
(f) Set up web cams on your computer and your kids' computers. Use video mail and YouTube to connect.
(g) Use My-space, Facebook, and Twitter to stay in touch, if you can do so privately and safely.
(h) Make sure that your kids have cell phones with your number programmed in. Use text messages and photos to stay in touch throughout the day.
(i) Keep up with schoolwork. Send teachers pre-addressed, stamped manila envelopes so that it's easy to send you updates. If you hear nothing be sure to initiate communications with teachers by telephone and email.

45. Befriend other divorced families that have been successful in the transition and use them as mentors.

46. Divorce is not an event, it is a process. Allow yourself, your ex-spouse and your children at least two years for readjustment.

47. Divorce in itself will not destroy your children. It is your reaction to the divorce that has the power to destroy their coping mechanisms. On-going conflict and emotionally unavailable parents who have regressed into boy/girl crazy adolescents are the real culprits.

48. Don't use your children to fill your need for companionship. If you don't have one, GET A LIFE!! This is crucial to your (and your child's) recovery from divorce. Seek out support from friends, family, support groups, a divorce coach. Consider entering into therapy with a licensed mental health professional. Consider joining Parents-Without-Partners, Co-dependent's Anonymous or a Church group for divorced/widowed persons.

49. Dissolving a marriage doesn't mean the dissolution of the family or your parenting obligations. In fact, while a family is undergoing the restructuring process the children need strong and caring parents more then ever. If you and/or your ex are too emotionally drained to be those parents find temporary substitutes who can give your kids what they need.

50. Every child needs at least one loving, stable parent. It is YOUR responsibility to be that parent. And, if your child is lucky enough to have an additional parent - a loving step-parent, rejoice - because no child can have too many people love him.

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Family Law - Filing For a Divorce When Your Spouse Doesn't Want One

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It doesn't matter whether you were the one who wanted the divorce or whether you were the one who was left - the first year following divorce is difficult. In all likelihood, you're living alone for the first time in years. That is either a shock or a relief, depending on the type of marriage you were in. Regardless, it's a big adjustment.

While you may have had other losses in your life, in my experience, there are few that disrupt a person as totally as divorce. It impacts your mental health, your financial security, your family relationships, your home and your children. It is probably an experience you haven't been through before, so you're unprepared for the many issues that arise.

If you were the one who initiated the divorce you may feel guilty and worried about what the divorce may be doing to your spouse and children. If you left because you felt abused in the relationship, you may still be angry. You might feel resentful towards your ex for putting you in the position of having to make such a difficult choice.

If you left because you were in love with someone else - you probably feel guilty but you may also be looking forward to the future. It's normal to have contradictory feelings. This goes with the territory when it comes to making any major life decisions.

If you were the one who was left, you are probably feeling abandoned and possibly in shock. The prospect of being alone and in the position of having to rebuild your life is surely overwhelming. Being left is experienced by most as a major rejection. It impacts a person's confidence and self-esteem. If your spouse left you for someone else it's a double injury.

Off and on during the first year following divorce, you may be flooded with emotion - sadness, anger, despair, guilt, hope, relief - any and all of these are normal. In time, the waves of emotion recede. You will eventually feel less emotionally disrupted.

In addition to being periodically flooded with feelings, the first year following divorce brings many changes. You may be faced with moving and resettling yourself and your children in a new home. Often this home is not as comfortable as the home you left. Hopefully your children will be able to remain in the same school. This will lessen the disruption to their lives. Even if you are a truly conscientious parent, your children may evidence some behavioral or emotional symptoms related to the divorce. These are more likely if the divorce was contentious or if you and your ex are still angry and fighting with one another.

If your children are in grade school, the most common symptoms they exhibit following divorce are aggressiveness towards their peers or siblings. Their teachers may report that they seem preoccupied and inattentive during class. They may begin wetting the bed or have nightmares and ask to sleep with you. They may be more clingy and get upset when you leave them at preschool or school. In fact, they may get upset with almost any separation from either you or your ex. For information about how teenagers and adult children respond to their parents' divorce, see Will My Children Be Alright?

The symptoms I've mentioned above are normal. The best way to deal with them is to spend one-on-one time with your child. Let them know both in words and through your actions that you are not leaving them. Children sometimes think their misbehavior caused the divorce. It's very important for you to make crystal clear that this is not the case.

Be especially attentive to making sure your children aren't triangled between you and your ex. In other words -- DON'T ask them questions about what your ex is doing, who they are seeing, what they are buying, where they are going, etc. Your children don't want to be the conduit between you and your ex and it's not fair to put them in this position. This sort of questioning is a way of hanging on to your ex. In addition, DON'T talk negatively about your ex to your children. After all, your ex is their parent too. In most instances, this negativity back fires. Children feel angry towards the parent who's being critical.

The best thing you can do for your children is to work through your own feelings of anger towards your ex. If you're unable to manage your anger, seek counseling.

During the first year there are many events that will awaken your feelings of sadness, anger or guilt. The first of these emotional events occurs when the divorce is legally finalized. Despite the fact that you and your ex may have been wrangling over settlement and custody issues for some time, the day the divorce becomes finalized may be traumatic for one or both of you. Once the divorce is legal - your marriage is truly over. This event affects people in different ways but it's not unusual to have some sort of emotional reaction to it.

Holidays, anniversaries, birthdays and other family occasions are especially difficult. It's a good idea to have plans with friends or to do something special for yourself on these occasions. Creating new rituals is an important part of rebuilding your life. In time, you won't be so aware of these occasions, but during the first year you may be very aware of them and they will, in all likelihood, stir up feelings.

There is one exception to what I've said above. It concerns those who have been involved in an affair prior to divorce or those who immediately get involved in a relationship following divorce. These folks face different issues. See my article, The Rush to Remarry and The Affair.

It usually takes people two years to adjust after the literal and emotional upheaval of divorce. And it's not uncommon for this adjustment process to take longer. Each person is unique. The length of the marriage, the nature of the marriage, the reasons for divorce, the actual divorce process and whether you are the one who left or the one who is being left - all of these factor into how long it will take to recover.

The best thing you can do in the first year following divorce is to be patient and kind with yourself. Try to accept the conflicting feelings you have. Don't try to avoid your grief, sadness and loneliness by getting prematurely involved in a new relationship. Work on developing a support system and try to develop new rituals and activities that are fulfilling. You are entering a new chapter in your life. While there are many challenges, it is a time ripe for reinvention and for creating a life that's full.

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