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Shacking Up

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photo credit: digitalart

Most parents who divorce or end a relationship do find that at some point they are able to move on with their lives and find someone new. If you become serious about your new partner, you might reach the point where you would like to live together. Many couples live together without ever marrying, or before deciding to marry, so this is a common choice.

When you have a child from a previous relationship or marriage though, this decision is one that affects your child. In fact, the decision to live with a new partner can have a big impact on your custody situation, should your ex choose to make an issue of it.

How to Decide

When you’re thinking about whether or not you should move in with your new love, you need to of course examine your feelings about the person and evaluate the relationship. That’s not all you need to do, however. You should also examine the relationship your child has with this person. Have they had time to get to know each other? Are they friendly with each other? Does your child feel comfortable around this person? Is this person a good role model for your child? Does he have skills that allow proper care of your child?

When someone moves in with you, he assumes a parental role with your child, whether you intend for that to happen or not. If you move someone in that your child is not comfortable with, you create a difficult situation for your child. Think about how you would feel if someone you didn’t really know was suddenly living full-time in your home and exercising at least some authority over you! It would be pretty disturbing. While you may have spent a lot of time with your new partner, your child might not have had as much of an opportunity to develop a relationship, so you want to make sure they have truly gotten to know each other and feel comfortable around each other.

A Smooth Transition

Once you make the decision that your new partner is going to become part of your household, talk to your child about this. It’s very important that you set some boundaries for everyone. Let your child know the new member of the family is someone to respect and welcome. Let your new partner know that he has got to take things slow with your child. It can help to verbalize some household rules for everyone to follow – such as rules about privacy (“He won’t go in your room without your permission”) and authority (“When I’m not home, he’s the adult in charge”). It simply takes time for everyone in a new living situation to adjust. Keep the lines of communication open, so everyone can work through the situation as it develops.

Impact on Custody

Your ex may express concern about the new living situation – and if you were in his shoes you would likely feel the same way. While you do not owe your ex any explanations, you will make things much easier if you allow your ex to get to know your new partner and find out that he is truly a great person. Remember that your ex will probably have real concerns about how this will affect your child. It’s also possible he could be worried that this new person will somehow replace him as a parent or in your child’s affections. You need to reassure your ex that is not the case and that he will always be your child’s parent and no one can ever interfere with that. Make it clear that you respect their relationship.

If your ex is concerned about the situation, it can be used as a basis for a change in the custody and visitation plan. Any person who lives in the home with the child has an impact. If he harms your child, creates a bad influence, creates a hostile environment, or disrupts your child’s life, it would be cause for concern and something a court would be interested in hearing about.

The thing to remember is that you are not just making choices for yourself, but for your child as well. The home environment has a huge impact on your child and your responsibility is to create a home that is beneficial to your child, first and foremost.

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Use Mediation for Custody Disputes

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If you are going through a divorce or are having a custody or visitation dispute, mediation is an option you should consider. When you go to court, a judge who doesn’t know you or your children makes decisions about how you’re all going to share your time. The outcomes are usually pretty scripted without a lot of creativity. Mediation puts the power back into the hands of the parents.

How Mediation Works

In mediation, the parents meet with a neutral mediator (who usually has background as a lawyer or therapist). The mediator helps the two parents find solutions that work for their lives, instead of making those decisions for them as a judge would do. The mediator encourages you to look at the situation from all angles, think of possible solutions, and compromise to reach decisions that work for your family. If you have teens, the mediator may encourage them to participate in a session and express their opinions about the parenting schedule.

Why Choose Mediation

In addition to the fact that mediation gives you and the other parent the power to create a parenting plan that meets your individual needs, it also has other benefits. Mediation is less expensive than hiring attorneys and is almost always faster than a trial. Mediation helps you not only today but in the future as well. Because you learn conflict resolution skills, mediation prepares you to solve future disagreements on your own, so that you aren’t always running back to court to fight over who should have your child for Christmas each year. A key benefit of mediation is the flexibility it gives you to create unique solutions that meet your individual family’s needs.

Perhaps the most important reason to choose mediation is because it benefits your children. Parents who mediate are less angry with each other. Although they may disagree, they are committed to working together to finding a plan that will work for the family. Because of this, they experience less conflict and expose their children to less fighting. Parents who mediate demonstrate to their children that they respect the other parent and support the relationship that parent has with the child. Mediation generates a parenting plan that has what is best for the children as the primary concern. Parents are able to work around the kids’ schedules and activities and maximize time with both parents. Mediation also teaches your children an important lesson – that it is better to work out your problems than to fight about them.

How to Find a Mediator

Do an online search to locate your state or city mediation association. They will have a list of mediators in your area. You can also call your state or local bar association and ask for information. Once you get a list, call a few and ask some preliminary questions, such as what their credentials are and if they just do mediation or practice in other areas. Always schedule a free consultation to get a feel for the person and his or her style. Even if you are currently in the middle of an ongoing court case, you can put a hold on the proceedings and go see a mediator to determine if you can work the conflict out yourselves.

How to Be Successful in Mediation

Enter into mediation with as open a mind as possible. Obviously, you have a clear idea of what is acceptable to you and what isn’t when it comes to custody, but there may be some solutions you have not considered. Speak up about what you think and how you envision resolving the conflict. Meet with an attorney for a consultation before you go into mediation so that you completely understand what your rights are under your state’s laws – this helps you understand how a court might rule in your situation. Be patient. Don’t expect everything to be resolved in the first session. It takes time to talk through all the issues and possible solutions.

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Tax Time

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photo credit: Arvind Balaraman

Taxes are on everyone’s minds as we inch towards April 15. As if taxes weren’t complicated enough, being a divorced parent adds another wrinkle to the process.

Child Exemptions

At this time of year, I get a lot of questions about the dependency exemption for children and which parent gets to claim it. Your divorce decree may specify how this exemption is to be taken. Some parents alternate years. Sometimes one parent always gets it. So, first check your divorce decree. You should follow what it orders. However, you are permitted to change this if you both agree to do so. You may be in a situation where one parent earns a lot more than the other this year and the exemption will be of more value to that parent (always check with your tax preparer to find out if and how you will benefit from taking the exemption). If you want to shift the exemption to the other parent, there is an IRS form that allows you to do so.

Default Rule

If your divorce decree does not specify which parent gets the exemption, the IRS does. According to the IRS, the parent who has the child for the most nights in the year is the parent entitled to take the exemption. Period. It has nothing to do with who pays child support or how much is paid or what kinds of expenses the child has. This is the default rule to follow.

Head of Household Status

Head of household status is separate from the dependency exemption. Even if your ex takes the dependency exemption, you may qualify for head of household if your child lived with you more than half the time, you paid more than half of your household expenses, and you are unmarried. As always, check with your tax preparer to make sure you qualify.

MSAs and HSAs

Although the IRS has a hard and fast 50% rule for the dependency exemption, it is possible for both parents to claim children for the purposes of Medical Savings Accounts (MSAs) and Health Savings Accounts (HSAs). If you have one of these employer-provided benefits, check with your tax preparer about claiming your child.

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How to Create a Parenting Plan

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Once you have a basic custody agreement decided (or ordered by a court), you still have a lot of work to do in order to create a workable parenting schedule. If you have a court order that specifies alternate weekend and one night per week visitation with the non-custodial parent, you might think there’s nothing for you to do. Setting up a parenting schedule is actually rather complicated and requires you and your ex to sit down together (if possible) and hammer out the details. If you don’t have a court order and want to work this out on your own, then you also need to find time to sit down and work through it.

Map It Out

You each need to bring your own calendar to the meeting, as well as have a calendar showing all of your child’s sports events, school events, and extracurricular activities. You should place a large blank month by month calendar on the table in between you. Using pencil, start by plotting in all the visitation for the next month. Then compare these dates to your own calendars and your child’s calendar. Look for conflicts. For example, if you need to go out of town on business on a weekend you would normally have, it would make sense to swap weekends so your ex has your child at that time. If pick and drop off from visitation falls in the middle of a soccer game, dance practice or birthday party your child goes to, you need to adjust the times.

Moving Forward

Once you’ve worked through one month, try plotting out the next two. Work through that, then set up a tentative schedule for the rest of the year. Keep in mind this has to be tentative and subject to change. It’s really hard to know what is going to be happening in December when you are scheduling in March. Plan to be flexible and make adjustments as you go.

Holiday Schedule

Next work on the holiday schedule. If you have a court order, it might spell out who has which holiday, but you’ll still need to make some adjustments. For example, if your ex has Thanksgiving this year but the Saturday and Sunday after it would normally be his weekend, it might make sense to switch out that weekend, so you will have some time with your child on that holiday weekend. If your ex has Christmas Eve, but that falls on a weekend that would be yours, you’ll need to remember that holidays trump regularly scheduled weekends.

Make Changes Together.

Try to be flexible with each other. Remember that you can make any changes to the visitation plan that you both agree on – and in fact courts want you to do this rather than filling up the docket with trivial things like this. If you can work it out on your own, you absolutely should do so. If you’re worried about your ex pulling a fast one, you can enter a stipulation into court to get the change made official.

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Balancing Parenting Styles

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photo credit: renjith krishan

Jan prides herself on being a good mother. She is a highly motivated person who believes in punctuality and clear rules. She loves her children more than anything, but has some firm rules for the kids when it comes to chores, homework, curfews, and TV/computer time. She also makes lots of time to do things with the kids and is always looking for what she thinks of as teachable moments – opportunities to talk about big issues and lay down a good moral foundation for her kids. Her ex-husband Peter couldn’t be more different. When they were married, they fought a lot about what he called her uptightness and she called his lazy attitude. As you can imagine, Peter parents differently than Jan. He isn’t as worried about how much TV/computer time the kids have and lets them watch TV before their homework is done. He doesn’t expect them to do any chores at his house and in fact doesn’t do too many himself. Because Jan is so rigid about bedtimes and curfews, he often returns the kids late just to tick her off and sometimes lets them stay up late on the weekends. He even allowed their twelve-year-old daughter to stay out until 11 p.m., which Jan thought was ridiculous. Sometimes Peter doesn’t make dinner for the kids and says everyone has to find something in the fridge that they want. Jan and Peter continue to fight even after the divorce because Jan feels that the way he parents is outrageous, lax, and simply wrong. No matter how many times she patiently explains how important it is to have a routine, set bedtimes, and consistent rules at both homes, Peter simply won’t do things her way.

Jan and Peter might seem a bit exaggerated (but believe me, they really aren’t – I’ve seen cases with greater extremes), but I’m offering their story to make a point. It’s quite common for basic differences in parenting styles to become yawning gaps after a divorce. Each parent has a tendency to go further to an extreme after a divorce, as if to cement that his or her way is correct.

The end result of this is more conflict, anger, and resentment. Both spouses are learning to parent alone and it’s likely they’re both going to make mistakes. In fact, they wouldn’t be human if they didn’t. You might have noticed that separation and divorce rock you to the core and that also applies to your parenting. It’s often a time when people take a stand just to have something they can hold on to and this can result in a real clash between parents because they’ve lost the ability (and sometimes the desire) to work together.

The best way to handle a situation like Jan and Peter’s is to remember that no matter how certain you are that your way is the right way, there is no perfect approach to parenting. In fact, your kids will probably benefit from having parents with two different approaches because they will learn to be adaptable. Of course, there are some situations where this isn’t good – children with severe learning disabilities, for example, cannot adapt well and do need consistency. If one parent is lax to the point of endangering the children, that obviously is a bad situation. But in most other situations, the best thing to do is accept that you’re both different and that your children need both of you, with all your quirks.

Tips for Coping When You Have Different Parenting Styles
1. Reassure yourself that your kids are getting the basics: they are healthy, clean, fed, rested, loved and doing ok in school. If there is a real problem that endangers this, talk to the other parent, otherwise decide you have to let go.
2. Create a separation in your mind. What happens at the other parent’s house is outside of your control. Stop trying to monitor, evaluate, judge, and affect what’s happening there. Put up a mental wall that you will not climb over.
3. Get on with things when the kids aren’t with you. Don’t let yourself be consumed by worry and what ifs. Assume they are happy and adequately cared for and put it out of your mind.

4. Don’t question your kids about what happened at the other parent’s house. Listen to them if they share details, but don’t quiz them and try to elicit details about exactly what happened when. Encourage them to resolve problems with the other parent themselves when possible.
5. Realize you cannot change how your ex parents. He/she doesn’t want and won’t take your advice, tips, suggestions, or directives. You’re not in charge of what happens there, just as your ex is not in charge of what happens at your house.
6. Realize that having two parents who are different is actually a good thing for your child.

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