Children and divorce are two things that, unfortunately, often meet each other. The divorce of parents is never a pleasant experience for a child, even if it means the removal of an abusive parent from their life. Parents can make the process much easier on their kids by compromising and agreeing on important points as much as possible. The worst case scenario is an ugly custody battle where both parents are fighting for their right to raise or visit the children. This article will cover some of the effects divorce can have on children, how child custody is usually determined, what happens in a custody battle and a few of the other important points surrounding children and divorce.
Explaining Divorce to Kids
One of the most challenging parts of going through a divorce may happen in your child’s bedroom, rather than a court room. Explaining that Mom and Dad are permanently splitting up can be a very difficult task. There’s no way to make it easy, but a few points can help make the process smoother when dealing with children and divorce.
One of the most important issues to highlight is that it isn’t the child’s fault a divorce is taking place. Many kids automatically believe they are the root cause of problems between their parents. If this idea is allowed to take hold and grow, it can be very psychologically damaging in the long term and severely affect the child’s ability to have fulfilling relationships when he or she is older.
It’s also important not to put the blame on the other spouse. Unless the marriage is falling apart due to abuse or obvious misbehavior on the part of one spouse, it’s better to present the divorce as a mutual decision. Otherwise the child may develop resentment towards one parent, affecting the relationship they have with that parent from that point on.
If possible, have both parents present when you tell the kids what’s going on and discuss together what you’ll say before you sit down to say it. Whatever you do, don’t try to avoid the issue and keep it all a secret. This can also foster resentment when the kids grow up and realized you were holding back such important information from them.
Determining Child Custody
How child custody is decided upon differs from state to state. But as a general rule, if the parents can’t agree on custody of the children the judge will attempt to make a decision based on what is perceived to be in the child’s best interests. In some states the child’s wishes are taken into account. Other factors often used to determine the child’s best interests include the past relationship each parent has with the child, the willingness of each parent to support contact between the child and the other parent, and any disruptions that may occur in the child’s life if custody is awarded to a particular parent (such as a disruption in schooling).
Of course, if one parent is shown to be abusive or habitually uses drugs and alcohol, it’s automatically much more difficult for that person to win child custody.
Custody Battles
In the best case scenario, parents will be able to agree or work out through mediation what the best arrangement will be for custody of a child.
There’s no such thing as a good custody battle, but in some situations they can’t be avoided. As with everything else in the divorce, you should think of what’s best for the children and encourage your spouse to do the same.
When it comes to actually winning a custody battle, you want to produce as much evidence as you can. This includes proof of your involvement in the child’s school and social life. It’s important to emphasize your commitment to maintaining the relationship between the child and the other spouse (unless there’s a legitimate reason there should be no contact). If there is a good reason for your spouse not to have contact with the child, make sure you have evidence of this as well – don’t expect the judge to simply know. If your spouse has a history of violence, for instance, obtain the police records and have witnesses to back it up.
Visitation Rights and Shared Custody
If a parent is unable to take custody of a child or custody is awarded to the other parent, the first parent may still be able to win visitation rights. Often this is laid out in a parenting plan which is agreed on by both parents. For instance, some arrangements will allow the father to visit the child for several hours every Sunday (if the mother has custody). In a shared custody arrangement, the child might live with the father on weekdays and the mother during the weekends.
Minimizing the Damage on Kids
There are several more tips that can help make the divorce easier on your kids. One of these is to maintain past routines as much as possible. A lot of the confusion and anxiety surrounding children and divorce comes from a simple disruption of routines. Also, make sure you yourself keep on top of your emotions and seek help if you need it. It’s a lot harder for your kids to keep it together if they can see you’re turning into a mess. In fact, you and your kids can provide each other a lot of mutual love and support through such a hard time.
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