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10079764Why are less and less couples getting married? Is it because their parent’s marriages failed? Is it because they don’t see any benefit to marriage? Is it because every wedding appears to be a $20,000 extravagant country club affair? Maybe, as was written in a recent New York Times article, “…marriage has gone from being a way that people pulled their lives together to something they agree to once they have already done that independently.” There are several problems with this way of thinking. One is that children don’t wait for marriage. More and more children are born outside of marriage. This is a problem if the parents separate without ever marrying, because then (at least in Minnesota) the father has no enforceable legal rights to parenting time until he spends a significant amount of time and money to get a judge to order that he can have parenting time with the child. This is true regardless of whether the father has raised the child jointly with the mother since the child’s birth. This is a bad deal for both the father and the child as it typically significantly interrupts their relationship and causes unwarranted stress on the child. Another reason is that marriage is a financial life jacket in terms of protections for the lower earning spouse and a fair division of the assets accumulated during the marriage.  This is one reason same-sex couples had been yearning for the protection of marriage until it became the law in Minnesota in 2013. Same-sex couples were not entitled to a fair division of the house or their partner’s retirement account, without access to the institution of marriage. Because it is risky financially to accumulate assets together before marriage and because marriage helps protect the father-child relationship for the benefit of child, it is risky business to delay marriage if you are having a child together or are otherwise in a committed relationship.
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174496060It is not uncommon for parents to disagree on school choice. Sometimes parents have differing opinions on the curriculum of a school or certain teachers or even location or class schedule. When children are at natural school moves (such as entering junior high or high school), additional changes need to be made. When parents are divorced, these decisions can often be even more difficult. In addition to deciding what’s best for the children, emotions and challenging communication can make the decisions even harder. Sometimes it is good to look at the practical and logical considerations to help make these joint decisions. Here are some specific considerations in a school decision:
  • If it is not a natural school change point, how well do the children deal with change? Do they make friends easily? Do they know anyone at the potential new school? Are there specific elements of the new school that would be particularly enjoyable for the child (such as an orchestra or specific extra curricular activity)?
  • How well does the new school deal with change? Do they have programs in place to integrate transfer students into school? Is there anyone who has transferred into the school recently that you or the children could talk to in order to prepare? Could the school assign your children mentors or buddies to help them feel more comfortable if they transfer?
  • How would a school change impact parenting time? Will both parents still have meaningful time with the children?
  • Should the children have some say in this decision? Junior high and high school students may want to visit potential schools and provide some input on the change.
Ideally, divorced parents with joint custody can work together and make a school choice together. If it becomes difficult or starts to cause any stress or strain on the children, consider seeking third party support. A neutral child specialist or collaborative process could help you work together on a decision.
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155039126The psychologist Anthony Wolf wrote a book about divorce and kids entitled Why Do You Have to Get a Divorce?  And Can I Still Get a Hamster?   I love the title of this book, because it identifies both the big picture concerns and the day to day questions children will have about how their lives will change when parents get unmarried. At this time of year, most elementary school aged children, and some older kids too,  become excited about Halloween.  Though it has deep roots in ancient cultural traditions, in today’s American culture Halloween is truly the children’s holiday.  Kids love to dress up and pretend, and most are thrilled to go trick or treating or attend special events and come back with a stash of treats.  Some kids plan their Halloween costumes for months in advance, and it’s not uncommon for homes to be extensively decorated with more than just jack-o-lanterns. Holidays are usually difficult times for families experiencing divorce, about which I have written earlier.  I am focusing on Halloween in this October blog post because this uniquely children’s holiday is right around the corner.  Here are four tips for creating a positive experience for your children:
  1. Manage your expectations so your kids can manage theirs.  This may not be the year that Mom will be able to spend hours at the sewing machine making elaborate homemade costumes.  But it may be the year that your kids have a friendly competition for who can make the most creative costume out of things already in the closets, drawers and attics at home.  If your child has his or her heart set on getting a particular costume, and you want to honor this dream, be sure to budget for the purchase of the costume.
  2. Ask your kids what is most important to them about Halloween and focus your energy accordingly.  This often requires co-parent cooperation, for which your kids will be grateful  If their favorite part is carving pumpkins, make this activity as festive as possible, and be sure to take lots of pictures to send to your co-parent if s/he is not participating.  If the high point is trick or treating, decide in advance whether one or both parents will be responsible for taking them out and whether one parent will stay behind to hand out treats.  If you are separated, decide in advance which neighborhood is likely to be the most fun for trick or treating this year, and go from there.
  3. Rely on your support system. Trick or treating or going to a Halloween event with neighbors, friends or cousins can help create a fun experience for your kids if your own energy is depleted.
  4. Determine co-parenting ground rules for how to handle the stash of treats, e.g. how much can be right away and how the remainder will be saved and distributed.  Work this out in advance so your children will not be in the middle of a parental argument on Halloween .
I wish you and your children a peaceful and happy Halloween!
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When you find out your son or daughter is getting a divorce, your first thought will often be about their children; your grandchildren.  How will the children be affected by all of this?  And how can you help; or avoid hurting the situation? During the 31 years I have been working with divorcing families, I have seen situations where the grandparents have really helped their children and grandchildren though a difficult time.  Sadly however, I have witnessed far more situations where they grandparents have, without realizing it, actually make the divorce more difficult for their grandchildren. You may be wondering; how can this be?  What type of person would actually make the divorce more difficult for their grandchildren?  Believe it or not, it can happen to the very best grandparents without them even realizing it.  Here are the two common mistakes that grandparents make:
  1. Facilitating a War by Creating a War Chest. Divorce is expensive, and your children may turn to you to help with the legal fees. If you have the capacity to help, it would seem, at least on the surface, to be the right thing to do to provide them with funding, at least in the form of a loan. While the financial assistance is sometimes helpful, sometimes it can actually add to the conflict. The thing that damages children the most is generally the conflict that so often happens when one or both parents are angry, sad or scared. If your children have enough funding, they can sometimes carry out the conflict through attorneys. If their funds are limited, the may be forced to look past the emotions and find solutions.  When I litigated divorces (something I can no longer stomach), some of the nastiest custody fights were funded by grandparents. All of the grandparents thought they were helping out their grandchildren. Usually they only perpetuated a fight.
  2. “Supporting” your child by reaffirming the evilness of their spouse. The emotions of divorce create distortions. The wonderful son-in-law that you heard about for the past 15 years, is now portrayed by your daughter as a monster. As you hear the stories of how badly he is behaving, you are aghast and quickly run to her support by suddenly remembering things that you never really liked about him. It may be that your son-in-law was not as great as you thought; and it may be that the divorce is bringing out his worst behavior. However, it is possible, (maybe even likely) that you are getting a distorted picture of this person and, adding to the distortion, (which can happen instinctively) may cause damage to the only father your grandchildren will ever know.
So, how do you avoid making these mistakes?  One way is to encourage your children to fully explore their divorce processes, so that they can be supported by attorneys and other professionals who will help them resist the distortions and the war mentality.  To learn more about these options, go to www.collaborativelaw.org  or www.divorchoice.com.