I once heard that parenting books are one of the largest segments in non-fiction family-492891_1920publishing.  Everyone apparently thinks they have tips and ideas to help others parent.  As a collaborative divorce attorney, clients often seek guidance and support in co-parenting during and after the divorce.  No book ever fits the bill.  While traditional books may offer some guidance, co-parenting after divorce is a unique situation.  Not only do children sometimes have challenges as the result of the divorce, parents too are transitioning into a new reality. In collaborative divorce, we often work with a family specialist or child specialist to help families transition from one home, into two.  This neutral party can assist in many aspects of parenting, including the following:
  • Coach parents on telling the children about divorce.
  • Bring the children’s voice to the process by hearing their concerns and hopes and communicating them to the parents.
  • Communication coaching.
  • Developing a parenting plan and schedule for parenting in two homes.
  • How to maintain relationships with extended family.
  • Consulting after divorce as new things arise.
  • Periodic check-ins on parenting and child development.
  • Any other parenting challenge that arises during or after the divorce.
The child specialist or family neutral is a uniquely qualified individual who can build the strongest family possible.  They can support the children while still helping parents establish routines and a healthy co-parenting relationship.  This work is some of the hardest during a divorce, but often the most rewarding. To learn more about collaborative divorce, please contact Kimberly Miller.
Remember hearing that as a child?  I do.  I said it.  I believed it.  And then I didn’t.  Names DO hurt, even if they aren’t “really bad, mean names.”  They can burn a memory into your brain that can haunt you.  My son, who is six, is one of the younger children in his 1st grade class.  Next to his 2nd grade soccer buddies, he’s a bit vertically challenged, although he’s considered “average” in height.  Nonetheless, when he came home in tears the other day because an older child called him “shorty,” he undoubtedly felt the sting of name-calling.  Welcome to the real world, my sweet, darling son!  We have all experienced it, to some extent, and it stinks.watercolour-1766301_1920 Rather than utter that renowned phrase to my son, my collaboratively-trained lawyer brain went into “better-get-more-information” mode. The conversation went like this: Me:        How did that make you feel when he said that? Son:       Sad. Me:        Mmmmm….I can see that… Son:      And angry… Me:        Definitely!  (Pause).  So, what happened next? Son:       (without missing a beat) I grabbed the ball out of his hands, dribbled it down the court, and made a basket. Me:        (Stunned!)  Wow!  That is AMAZING!  (Beaming with pride…that’s my boy!) So, my son “shows up” this kid by making a basket, yet he was still upset (hours?) later and recalls the name-calling rather than his awesome basket?!  This certainly illustrates words have a HUGE impact on others, whether we realize it or not.  It doesn’t have to be name-calling, either.  It can be just the language we use and the way we say it.  The tone in our voice can turn an otherwise innocuous comment into a heated argument.  So…STOP.  Take a DEEP breath (and maybe throw a stick at some THING).  THINK before you speak, and CHOOSE your words carefully.  Then go shoot some hoops.
My kids are spirited.  Not possessed, although somedays it seems like they are.  I thought the term “spirited child” referred to a child with ADD or ADHD.  Not true.  It’s not a diagnosis – it’s simply temperament.  Thank goodness for Minnesota’s own Mary Sheedy Kurcinka and her book, “Raising Your Spirited Child.”  As soon as I finished it, I started reading it again. Spirited kids are just “more,” and my two kiddos are high energy, intense, persistent, and slow to adapt.  This slow-to-adapt trait makes transitions a CONSTANT battle.  It’s hard enough getting my two out the door to school every day.  Then I think about kids whose parents are going through a divorce.  Not only are kids of divorce doing the everyday school, activities, home, etc., but they have two homes to toggle between.  I’m sure it’s hard for any kid to go back and forth between two homes.  Most adapt, though.  But if you have a child who doesn’t like transitions, and mix in some frustration and sadness of the divorce, you have the ingredients for a frustrating, heart-breaking battle between parent and child.  What to do? Regardless of whether they are spirited, but especially if they are, listen to your children.  Understand what your children are going through.  It’s never too late to get a child specialist involved in the process, even post-decree. Talk with your children them, instead of at them.  They didn’t ask to be in this position and they have NO control over the divorce.  Help them feel like they have some control over their world.  Don’t just assume they are doing well because they are getting straight A’s, or they’ll be OK when the divorce is final.  Maybe they will be OK.  After all, kids are resilient.  But they’re your kids.  And I think it’s our duty as parents to do as much for our kids emotionally as we can.  They deserve it.
question markMy husband and I were taking our kids to swimming lessons when we saw a man and woman standing outside the facility arguing.  The anger and negative energy were palpable.  While still in the parking lot, we met up with another family we know, and we exchanged uncomfortable glances as the conversation between this couple became more heated.  “Awkward,” my friend whispered. As we approached, I could hear what they were arguing about, and the expletives were flying (this is a family place, mind you, and my kids were five and two at the time – yikes!)  The woman was saying, “I don’t give a $*&^ what you think.  You can’t have that #$&* sleep over when it’s your weekend with our son.  You are such an ^*&+@!  We aren’t even divorced yet.”  My five year old glanced up at me with an odd look on his face.  Oh boy.  I wondered if they had attorneys and what process they were using. Even though I see this sort of conflict on a regular basis, it was very uncomfortable to witness.  I’m not sure if my discomfort was because I couldn’t do anything about their conflict (I was there as a mom, not a lawyer) or because my children were in earshot.  For a fleeting moment I did, however, consider going up to them.  I felt compelled to inform them there is a better way to deal with this “stuff” and that a child specialist and divorce coach could get them to a better place regarding “adult sleepovers.”  That was the lawyer in me. Since we were running a bit behind, however, the mom in me picked up my two-year-old and hurried my son through the door.  Either way, I felt bad for this couple, and even worse for their child.  I wondered how old their son was and if they had made a scene near the pool when they decided to “take it outside.”  I will never know how their divorce turned out.  I can only hope that things cooled down at some point so they could focus on co-parenting their child.  It’s understandable that emotions are highly charged during a divorce, which is the reason a divorce coach and child specialist are incredibly helpful during the process, as well as a therapist or counselor.  Stop.  Breathe.  Think.  And talk to a mental health professional.
PicIt may feel like it should still be the middle of June and that school just let out, but the harsh reality is that back-to-school season is upon us. Co-parenting is hard enough during the summer when schedules are flexible are a bit more relaxed, but adding in the back-to-school madness creates another level of co-parenting stress. Who will shop for school supplies and clothes, who will volunteer for the field trips this year, who will fill out all the school forms, who will sign the kids up for their sports and activities? Historically these tasks all fall on the mother 99% of the time. It’s likely that your ex-husband never even realized these tasks needed to be done because it’s such an ingrained part of the “mom routine” that moms just do them without even thinking twice! Throwing in the divide of a divorce though and these everyday tasks suddenly can (and should) be divided. We can’t stress enough how vital a well laid out parenting plan is, but the simple everyday responsibilities like filling out paperwork are often missed when writing these plans. Overwhelmed and not sure where to even begin with tackling back-to-school tasks? – We blogged some very helpful back-to-school co-parenting tips here! Here’s to another great school year! It’s possible that you’re looking forward to getting back into the routine that the school year offers, yet it still brings on a sadness of another year/summer having passed. As caught up as we can get in the emotions of not wanting to see an ex at a school event or activity, it is important to remember to enjoy and embrace your children at the ages they are. Soak up every moment, and if your parenting plan allows for it try to get to as many of your children’s events as possible, as we all know the time passes entirely too quickly. As they say, “The days are long but the years are short.” How do you divide up these tasks with your ex? We’d love to hear in the comment section below.
482143431-thought-bubbles-above-frustrated-couple-gettyimagesIn an election year, we are exposed to an abundance of rhetoric.  As candidates debate and advertise to convince people to vote for them, I listen for words reflecting respect, dignity, the ability to listen deeply and the capacity to work effectively with those who may hold different beliefs. High conflict resulting in governmental gridlock puts people at risk, especially those who are most vulnerable. Yet listening to potential leaders, I hear repeated versions of  “I will never compromise.” Though this may be intended to project strength and resolution, does it not also sound rigid and contentious? What human values does this type of rhetoric represent? How expensive in time, money and emotional resources does endless gridlock become for the people depending on resolution? Divorcing parents are faced with the necessity to make many decisions affecting the future of their family. Their children are the most vulnerable family members, counting on their parents to work things out. What happens to children when their parents disagree and then refuse to compromise? When parents become rigid and disrespectful of each other, how does the ensuing gridlock impact their children? How expensive in time, money and emotional resources does this process become? Collaborative Practice is a method of alternative dispute resolution incorporating the values of respect, honesty and fairness. From the beginning of the process, clients are supported by their attorneys and by neutral professionals on their team to engage in interest-based negotiation to ensure both parents’ true concerns are heard, rather than positional negotiation that can easily lead to heightened conflict and expensive gridlock. For more information about how Collaborative Practice might work for your family, please check out the website of the Collaborative Law Institute of Minnesota.
187816521-father-and-daughter-walking-in-the-park-gettyimagesIn my work with families making the shift from one to two households for their children, I often remind parents that transitions between homes are typically bothersome for kids.  I use the personal example of going on vacation to explain this:  I love my job, and I love going on vacation, once I get there.  It’s the transitions in between that I don’t look forward to at all.  What do I need to remember to pack?  Did I forget something important?  Will I know what to expect when I get there?  Will I get enough sleep?  Transitions by definition take us out of one routine and into another—and kids usually do best with predictable routines.  So how can attuned parents help make transitions less stressful?  Here are five tips: 1.  When relocating after a divorce or break-up, strongly consider whether it would be possible to live within biking distance of each other.  I hear all this wish expressed all the time from kids.  It helps them feel less worried about forgetting something at the other house, because retrieval would be easier.  It also gives them a sense of personal agency to imagine they could bike over to Mom’s or Dad’s on their own power. 2.  Ensure that kids have ample supplies of what they feel is important to have at both houses.  No, you won’t need to buy two saxophones, but you may need to invest in particular kinds of shampoo and conditioner, multiple special pillows or specific games to have at each home.  Having photos of the other parent in the kids’ bedrooms will also help. 3. Be very mindful of the emotional tone of transitions.  Focus on what the kids need, which is a respectful and calm exchange.  Anything else and kids will feel in the middle. Transitions are not the time to try to resolve disagreements between parents. 4.  Be reliable and follow through on commitments.  I can’t emphasize this enough.  Trust can only build between co-parents, and between parents and children when behaviors match words. 5.  The best parenting time arrangements are both structured and reasonably flexible to accommodate unexpected opportunities or life events.   However, parents need to confer directly about any changes of plan.  Even if a child asks for the change in routine it is not a good idea to say “Sure, I’d love to take you to the game on Saturday, but it’s not my weekend with you.  You’ll have to call your mom/dad and see if it’s okay.”  This puts your child in the middle, and can be a set up for the other parent.  What to say instead?  How about, “Thanks for letting me know you’re interested in going to the game.  Mom/Dad and I need to talk first to make sure it would work.”
133791230-tin-can-communication-gettyimagesListening to the voice of the child is increasingly becoming a mainstream concept in family law.  This is a welcome development, as careful attunement to children’s perspectives and needs can guide resolutions and parenting plans that are truly in the best interests of children. Having worked with children of all ages for many years,  I am aware that the language of children has its own rhythm and cadence.  Children do not always use words to express their inmost feelings and concerns.  Very young children express themselves through play and behaviors rather than spoken language.  When distressed, young children may temporarily regress to earlier behaviors.  This is a normal process, but may need professional guidance to resolve if it becomes persistent, especially when accompanied by patterns of anxiety or angry outbursts. At the opposite end of the developmental spectrum, one of my favorite essays about teenagers is entitled “Please Hear What I am Not Saying.”  Children, especially adolescents, often have difficulty expressing their feelings directly. To fully understand their child’s experience, parents need to be observant of patterns of behavior that may indicate feelings the child is unable or unwilling to express directly.  Asking a child, “What’s wrong?” or “Why are you acting that way?” may not yield much information.  Another approach is to express empathy and the offer of support, “It looks like something is bothering you.  I’m here if you want to talk about it.”  If a problematic behavior pattern persists for more than a few weeks, it might be the right time to consult with a child or adolescent therapist to get neutral, professional help in decoding the problem and helping your child find healthy ways to cope. Consulting with a neutral child specialist during the divorce process can enhance your understanding of your child’s perspective and feelings.  Collaborative Team Practice is designed to provide a sounding board for all family members during a difficult time of transition.
486417833-hope-they-work-it-out-gettyimagesHere are five suggestions for how divorcing parents can provide support to their children in the new year: 1.  Keep expectations realistic.  Children go through a grieving process just as their parents do when the marriage ends.  Their energy and focus may be impacted, and this can affect their performance in school, sports or the arts.  If this happens, be gentle with your child, who will be even more unhappy if s/he feels like a failure in a parent’s eyes. 2.  Remind your child regularly that s/he is cherished.  Children do best when they experience unconditional love and support from parents.  This includes being curious and interested in your child’s ideas, stories and day-to-day experiences. 3.  Find time to do something enjoyable with your child.  If you are fortunate enough to have the time and energy to go on a date with your child to do something mutually enjoyable this can be a great bonding experience.  However, kids my love the opportunity to play a board or video game with a parent, or make popcorn or brownies together before watching a movie at home. 4.  Maintain routines.  Most children, just like most adults, depend on routines to keep a sense of stability in their lives.  Keep routines for mealtimes, bedtimes, homework time, doing chores, etc. as predictable as possible. 5.  Be authentic.  Children rely on parents to be trustworthy.  There may be days when it is difficult to not be sad, or when patience is in short supply because of the stress of the divorce.  It’s okay to be real with your children about your feelings as long as you keep them out of the middle of any conflict with your co-parent, and as long as you are very careful to not imply that a child is responsible for making a parent feel better.  “I’m pretty sad today, so I don’t have a lot of energy.  But I know feelings don’t last forever, and I’ll feel better soon.”
173298780-mid-adult-woman-toying-with-gold-wedding-gettyimagesHaving friends scattered throughout the country has shown me just how drastic divorce proceedings and turnarounds can be. My friend in Baltimore, Maryland, who was married for 5 years with no kids, had no battles over property division, and her divorce still took just over 2.5 years to complete, including a mandatory year of separation before filing (this law has since changed recently for those without children). A friend in Milwaukee, Wisconsin, her divorce with one child and a business involved, took just 6 months to the date. And my good friends (haha), Miranda Lambert and Blake Shelton’s Oklahoma divorce after four years of marriage complete with pre-nup and no kids, took just days from when they filed. Here in Minnesota the length of time to complete a divorce depends upon several things, including custody, parenting time, child support, and division of debts and property. It can take anywhere from about 6 weeks to a year and a half or more, depending upon whether the parties are cooperating, and depending upon the issues involved. The length of a divorce also largely depends on how the case is resolved. For example, divorcing collaboratively, where both party’s attorneys agree to settle without going to trial and the underlying threat of litigation, can significantly reduce the time it take to complete the divorce for several reasons, the biggest factor being avoiding months awaiting a divorce trial. Divorce is the time to practice patience, and to always prepare yourself for the divorce process to take longer than anticipated. Even in our instant gratification society where you can have Amazon deliver within the hour, your divorce could take months to years. No matter how long your divorce proceedings may take it is important to remember that divorce never really ends with a “victory” by either party. Both parties typically leave the marriage with substantially less material wealth than they started with prior to the divorce. Occasionally, you may hear about a spouse receiving a very large settlement or substantial alimony compensation. But more commonly, both spouses must compromise in order to reach an agreement. If there are any real “winners” in the process, it’s those who maintain positive relationships with an ex-spouse so that they are able to successfully co-parent their children.