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Termination of Parental Rights

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I am asked a lot of questions about parenting after divorce. People have presented me with some pretty unbelievable situations, but there is something that I am asked about far more often than I would have expected – parental termination. Parental termination is a legal process in which a parent’s legal rights are taken away. In the eyes of the law, that person ceases to be that child’s parents, and has no more rights or responsibilities towards the child.

Abuse or Neglect

The most common situation in which a termination happens is in an abuse or neglect proceeding (not a divorce!). A parent is determined to be such a danger to the child’s physical, mental, or emotional health that the parent is completely removed from the situation and the child’s life with no further contact permitted. Even in these kinds of cases, it is considered an extreme measure and is one that takes the court system months or years to arrive at after every other alternative is tried first.

Adoption

When a parent’s rights are terminated in an abuse or neglect situation, the child is placed in foster care with adoption as a goal (at least for younger children). When a parent who is divorced and remarried wants his or her new spouse to adopt the child, a stepparent adoption must take place. However, this can only happen if the other natural parent consents to the adoption by giving up his or her rights to the child, or has his or her rights terminated by the court. A termination in this situation, when it is warranted, is often a good thing for the child. The child is adopted by a loving and involved stepparent who fills those parental shoes in the child’s life.

Other Terminations

Unfortunately, I am often asked about termination of parental rights in other situations. These fall into two general categories: fathers who don’t want to pay any more child support and want to give up their rights to get out of it; and mothers who want to find a way to terminate the father’s rights to get him out of her life (I have never been asked these questions with the genders reversed or in same sex couples, although my answer applies to all situations).

Both of these situations are deeply disturbing. It is appalling that a man would be willing to break all ties with his child and in effect say ‘I no longer want to be part of your life’ just to save some bucks. The damage that is caused by this act is irreparable. The child is clearly told he is not important and does not matter – and that money is of more importance than him. It is disgraceful and appalling. Even if a man has previously had little contact with the child, this legal maneuver still sets the child up very clearly as someone who is not wanted.

The other situation is just as disturbing. There are lots of people who have very difficult relationships with their exes. And of course there are women who have been placed in great danger by a man and want no contact. However, if a court has decided that it is appropriate for that child to have a relationship with that father, the mother must put her personal feelings aside and find a way to make it happen. Yes, it can be a pain sometimes to deal with his BS. Yes, visitation can be an inconvenience. However, to seek to terminate a father’s relationship with his child just because you don’t like him or don’t want to have to navigate the situation any more is inexcusable. Even if that man fails to exercise his visitation, he still is connected to that child and there is a chance that someday he will come to his senses and reestablish a connection. A woman who proactively seeks to remove the father from the child’s life without a good reason is creating a trauma for her own child. The child may one day as an adult feel that this choice was harmful.

Courts Weigh In

There are certainly situations in which termination is appropriate and warranted and courts will respond in those situations. However, in other scenarios, it is very likely the court will not grant the termination that is being sought. In the eyes of the court, a parent and child have a connection that should not be severed without a very good reason. Unfortunately, there are times when courts will grant terminations if both parties agree – the father to get out of child support and the mother to get him out of her life.

Parental termination is not something that should be considered lightly or without extreme circumstances.

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Making Kids Go on Visitation

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It happens in every family at one time or another.  You have a parenting plan in place that seems to be working pretty well with everyone’s schedules.  And then one day, your child simply refuses to follow it.  Most often this is a refusal to go on visitation with the nonresidential parent.  It can be baffling and upsetting for both parents when this happens.  The nonresidential parent feels hurt and betrayed and a bit angry too.  He or she begins to wonder if the other parent somehow put the child up to this.  The residential parent feels frustrated and worried.  He or she wonders if there’s something going on at the other house he or she is unaware of.  And both parents are hit with a sudden disruption of the schedule they had adjusted to.

So what do you do when your child won’t go?  The first thing to remember is that while it’s always important to listen to your child’s feelings and opinions, spending time with the nonresidential parent is not optional.  Your child doesn’t get to pick and choose when she is going to go or what circumstances will gain his approval.  There are days when kids don’t want to go to school, but you don’t let your child stay home on those days.  Similarly, you can’t let your child decide to just skip visitation.

Visitation is more than just a schedule.  It is a connection to both parents.  And continuing to have a connection with both parents is absolutely essential for your child.  Children are not in charge of visitation.  Parents are.  Children’s opinions are important, but not decisive.  Children are not old enough or mature enough to hold the authority to decide when and if visitation happens.  If you give your child that authority you will confuse and overwhelm him.  Your child wants and needs to know that both parents are an unconditional part of his or her life.

Now that being said, there can be real problems with visitation that lead to a child’s refusal to go.  Talk to your child and find out why he doesn’t want to go.  Often it’s just a general annoyance with the other parent or a vague sense of dissatisfaction.  This isn’t good news, but it isn’t bad news either.  You have to remember that it will pass.

If your child has solid complaints about visitation, suggest that she discuss them with the other parent.  If your child isn’t able to verbalize this, then it’s ok for you to convey the message, but you must remember that children’s perceptions of things may be skewed.  A complaint of “Dad is always working and never spends any time with me” might in reality turn out to be a case of where Dad had one project he had to finish up last Sunday night and so could not play video games.  If there is a real complaint about visitation, it’s important to remember that this problem exists between the child and the parent.  The other really should not get involved unless it is a dangerous situation.  Part of having a real parent-child relationship is working out problems together.

If your child refuses to go on a scheduled visitation and there is no real reason for the refusal, you and the other parent must present a united front.  Insist together that there is no other option.  If the residential parent gives in, he or she becomes an accomplice, making the other parent angry and proving to the child that he or she does not really respect the other parent’s role.  If the nonresidential parent gives in, this is a sign to the child that he or she doesn’t really care and is seen by the residential parent as yet another failure.  The best plan is to work together to get your child to go.  If your child refused to get out of bed to go to school, you would find a way to make him go.  You’ve got to do the same in this situation.

If your child is a teen, she may need more control over visitation than younger children are allowed, however this does not mean that she can write the other parent out of her life.  Teens need to feel some control over their lives, and need time for school, jobs, friends, and activities, but they also do desperately need real connections with both parents.

It is upsetting for everyone involved when a child refuses to go on visitation, but if both parents insist together that there is no choice, then no one will be the villain and your child will have to cope with the reality of the situation.

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You Fed Him WHAT? Special Diets and Co-Parenting Solutions

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If you’re one of the many parents raising a child with a food allergy or special diet needs, the thought of sending your child off with your ex for visitation or parenting time may make your stomach clench with worry. Will the other parent make sure he stays away from dangerous food items? Will the other parent be as vigilant as you are to follow your child’s special diet? These concerns are real, particularly when food choices can be so confusing with so many potentially serious consequences. Follow these steps to ensure your child’s needs are met while with the other parent.

 

Educate

The very first step is to educate the other parent. Ask him to come to a doctor or nutritionist appointment with you and your child, or offer to set one up at his convenience. The most important thing you can do is have a professional stress the importance of your child’s diet and lay out all the dos and don’ts associated with food. You might be able to tell your ex everything he needs to know, but it’s all going to carry more weight coming from a professional in a position of authority. It’s very important that the medical professional tell your ex what the consequences are of NOT following the prescribed diet, so he cannot just brush off the advice.

 

Reinforce

Provide your ex with a clearly written sheet of dos and don’ts. For example, if you child is a celiac, you could print out a list from the internet detailing surprising foods that often have hidden gluten. If your child is allergic to tree nuts, a list of unexpected places those can be found would be helpful. The same goes for lactose intolerance or other allergies. A list of no-no foods is very helpful, but also make a list of foods, brands, and products that are safe for your child to eat, particularly if you have your child on a diet such as one to control or reverse autism. Remind your ex that he must be ever vigilant when eating at restaurants or at other people’s homes with your child. Teach him how to ask – and what to ask– about food that is being offered to your child. Sow him how to read labels when shopping. Give suggestions about what alternatives to offer your child when she wants something she can’t have. In the beginning, it may even be necessary for you to pack a bag with some food items to be certain your ex has some products available, just in case.

 

Follow Up

In many cases, all of this will be enough to keep your child safe. In some cases though, the other parent can make things difficult. It’s a good idea to ask about what your child has eaten while away. Red flags are statements like “My mom fed him something,” or “We just ate at X restaurant.” That’s not enough information for either of you! If you have real doubts about your ex’s ability to stay on track with your child’s diet, start a food log and send it along on visitation, asking your ex to fill it out. To make things a bit less confrontational, fill out the log for when your child is with you as well. This way it will seem like a joint effort and your log entries will provide an excellent model for your ex to follow.

 

Empower Your Child

If your child is old enough, you can educate him or her about what he and can’t eat. You are probably already doing this, but many children would not think to question choices a parent is making for them, so make sure your child understands that the diet comes first, no matter what anyone, even a parent, says.

 

Non-Cooperation

If you have an ex who either does not believe the special diet is important or who seems to be unable to follow it out of laziness or even just to spite you, you need to take action. Document what is happening (make dated notes about interference with the diet, as well as the consequences your child experiences). Then go back to court. Depending on your situation, you can ask for a few different things. Some parents just need a judge to tell them they have to follow the diet (but you may need a doctor to testify about the importance of it). It may be enough to have your custody order modified to include a directive that both parents follow the recommendations of the child’s doctor about diet. If that isn’t going to do it, you can ask to have visitation modified so that your child is not with your ex at meals or so that your ex has supervised visitation, where another responsible adult is present and can make sure the diet is being followed.

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Teens and Divorce

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Photo by Sujin Jetkasettakorn

If you and the other parent divorced while your child was younger, the teen years can present some challenges in terms of your visitation schedule.  A schedule that worked for an elementary school age child is not going to fit a teen.  And, if you and the other parent have split during your child’s teenage years, it can be difficult to devise a plan that will work for everyone involved simply because the teenage years are so difficult to parent during.

Big But Not Big Enough

The first thing to remember is that teens may look and act a lot like adults, but they aren’t yet completely mature.  They still need to have two parents and they still need to have those parents involved in their lives.  Teens are working hard at learning to be independent, and this means that they do need special consideration, but it does not mean that you and the other parent should throw up your hands and say “there’s nothing we can do.”  It can be difficult to continue to parent someone who doesn’t want to be parented, but that’s your job right now.

Flexibility Is Key

Friends, school, sports, activities, dating, and jobs are essential to teens.  If you have a visitation schedule that severely restricts your child’s ability to enjoy those essential activities, all you’ll end up with is resentment.  Instead, you need to try to create a balance in your teen’s life.  He or she should have plenty of time to do the things that matters to him, but he’s also got to make some room for spending time with his parents.

When you all lived in one house you probably did not tell your daughter she had to skip the field hockey game because you wanted to spend time with her.  You didn’t tell your son he couldn’t hang out with friends on Friday night because your spouse wanted to spend time with him.

As the divorced parent of a teen, you’ve got to flex the parenting schedule to incorporate the things that make your kid who he is.  If your spouse has visitation this weekend, but your teen has a dance to go to, the parent whose scheduled time it is should take the teen to and from the dance, and spend the rest of the available time with him.  You need to find a balance between your teen’s need to be a kid and the need for him or her to have time with both parents.

Create a Minimum

Since teens schedules are busy and your and the other parent’s schedules are also probably pretty packed, it’s important to agree to some kind of minimum time per month with the non-custodial parent. For example, decide that you’ll try to arrange things so that the non-custodial parent sees your child for at least four overnights per month and 4 other evenings or afternoons – this is the flexible way to fit in the “every other weekend and one night a week” plan into a busy life.  Fit parenting times in where they go the easiest.  Be creative with your time sharing.  Take turns taking your daughter to basketball practice.  Have one parent commit to teaching him how to drive.  Have the other parent be involved with weekend band or cheerleader activities.  Some parents have a hard time being so flexible because it feels like a loss of control.  In fact it is just the opposite – you set a minimum and then work with your child to make it work for everyone.  It takes a bit more cooperation, but in the end, you will both have a better relationship with your child and he or she will feel more fulfilled and connected.

Stay Connected

Teens are big on technology, so the non-custodial parent can maintain a close relationship with text messaging, cell phone calls, andSkype.  Non-custodial parents can have a difficult time staying connected during the teen years – teens certainly aren’t know for being open with their parents!  And, if a family divorced when the daughter was 7, she’s a very different person at 15 and it can be hard to stay in the loop.  Find out about her interests and activities and make yourself a part of them – either by showing up to cheer, by offering help, or just by asking friendly, non-intrusive questions.

Surviving the teen years requires a mutual understanding – you take your teen’s life seriously and he or she will take both parents seriously as well.

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Keeping Summer Vacation Fun in a Divorced Family

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photo courtesy of federico stevanin

Kids wait all year for summer vacation.  But when parents are divorced or separated, summer vacation becomes more complicated.  Kids look forward to long days with their friends doing nothing.  When they have a parenting schedule to live with, summer loses some of its fun.  Your child needs to spend time with both parents – that’s a given.  So how do you keep the parenting schedule from messing up your child’s summer dreams?

Plan around it. If you and your child dream of lazy days at the beach or crazy afternoons at an amusement park, plan your family’s schedule around the parenting schedule.  Try to work, clean the house, or do volunteer work while your child is with the other parent.  Save the big events for days when your child is with you.  If you have children and step children with conflicting schedules, talk with both sets of parents and look for a way to make adjustments so that you can all have family time together once in a while.

Welcome friends. One of the biggest concerns kids have about schedule is not being able to see their friends.  Make it clear friends are welcome at your home anytime.  If you’re the non-custodial parent, go the extra step and offer to drive the friends (who probably live near your child’s other home) to your home.

Make other plans. Whether you’re the custodial or non-custodial parent, it’s impossible to be with your child the entire time he or she is at your house.  Look for alternatives that will keep your child happy and occupied while you’re busy.  Look for a class or day camp that ties into his or her interests – zoo camp, art camp, soccer camp – the choices are huge.  Planning this activity will give your child something to do and will ease any guilt you might feel (you shouldn’t!) about not being completely available.

Think of yourself. Be sure to plan some adult fun for the days your child is away.  You’re supposed to enjoy the summer too and those days on your own are the perfect times to explore new places, meet people, and expand your own horizons.

Remember what it’s like to be a kid. There were plenty of times when your idea of a good time was sleeping till noon, spending 4 hours in front of the tv, or plugging yourself into a video game.  The same probably holds true for your child.  Let him or her have time to just veg.  You don’t need to plan excursions and events every time your child is at your home.  Let there be time for just being a kid.

Relax. Stop pressuring yourself to create the perfect summer for your child.  If you look back you probably will find that your favorite summer memories are of small, everyday things.  You’re not a cruise director; you’re a parent.  There’s a lot to be said for quiet dinners on the porch, picnics in the backyard, ice cream cones on a hot night, and fun in the sprinkler together.

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