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Issues Around Custody and Visitation

For the children's best interest, the key issue should not be "who gets custody," but rather, "how do we insure that both parents are active and involved."

  • Sole versus Joint Custody. The jury is still out on whether joint physical custody is better than sole custody.
  • Quality of time. If it is possible, you should try to give both parents weekday time and weekend time. That way, you don't have a "party parent" and a "disciplinarian parent."
  • Frequency of time. Matthew sees the children on Wednesdays and weekends. For their son, especially, that is much better than giving him blocks of time in the summer and during vacations. That is because young children like their son may start to worry about the safety of the missing parent, and whether they are being abandoned, after about a week.
  • Be flexible. Matthew and Victoria try to be flexible to change the custody timing if it's not working for the child or parent. Matthew works Saturdays, now, so he arranged to keep the children through Tuesday morning.
  • Be fair. Victoria tried to give Matthew as much time as he wanted with the children. The resulting plan feels fair to both Matthew and Victoria. As a result it feels fair to the children as well. If it didn't, they might end up resenting Victoria for denying them time with their father.
  • Be prepared for transfer day. Be aware that transfer day is a time of emotional upheaval for the kids, and sadness for the spouse who is giving up the children. Some children cling to the current spouse. Others take leave mentally in advance, seeming cold. When the children come back to the custodial spouse after a weekend, they are usually hyperactive and often sleep-deprived. They reenact the traumatic separation all over again. They may come full of resentments to the custodial spouse, for breaking up the marriage, or for being a disciplinarian. All this is to be expected. Victoria tries to give the children time alone to readjust. Also, she tries not to get too upset about the children's reactions to her on these days.
  • Enforce visitation. Sometimes Matthew's and Victoria's daughter says she doesn't want to go to Matthew's apartment. She hates Matthew's girlfriend Susan and she's angry at Matthew as well. There's nothing fun to do there. Victoria sympathizes deeply with her daughter's complaints. Nonetheless, Victoria gently but firmly requires her to stick to Victoria's agreement with Matthew. Victoria knows that she can later discuss the issue with Matthew and also with friends or a therapist. Her daughter needs her relationship with both parents, regardless of what her daughter may say. (As always, if Matthew were abusive it would be a different situation.)

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Last Update Dec 22, 2008
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