Need Some Input, Please.

Updated on August 19, 2008
L.C. asks from Henderson, NV
6 answers

Hi, Ladies! I deleted the question because it's long and my 'So what happened' is long...don't want to make anyones eyes cross too much! I truly appreciate the responses!!!

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So What Happened?

Hi, Ladies! Well, I've had two meetings with the ex since I posted this query to you all. The first one was with him, his gf and my brother present. I presented some options that could work within the framework of the current court order. Basically if he wanted a weekend off he just needs to ask and if he wants an evening with our son, also just ask. And I'd be willing to drop the $300/month support, but then our son stays in his current school, I carry the insurance but he pays co-pays and we split any medical expenses not covered by insurance. I also suggested we meet with our son's teacher every other month so we could both be in on his school progress. And I suggested at least monthly meetings (could be just the two of us with our son or include other family members) as a means of touching base on parenting issues and so our son might have a chance to see both his parents at the same time. I was really trying to go for things that would foster co-parenting. He still wasn't happy, but he agreed to think about it.

He then asked for another meeting, which happened this Monday, just between us. Same things were discussed. Of course, with it just being the two of us he felt comfortable throwing the "I don't deserve to have only half time with my son. I should be able to tuck him in every night. You don't know what it's like to have your kid taken away from you. This whole situation and arrangement is your fault because you chose to end the marriage." line. To which I answered that this was an argument that we could go around and around about till we are blue in the face and it still doesn't benefit our son. He finally conceded that he doesn't have an issue with our son's current school (I told him I have a copy of the email where I thanked him for giving me the payment for the registration fee for this new school year). He then asked me if he could have Fridays (so keep the weekends and his time on Friday would be extended by a few hours)...I said that there is an issue with the fact that our son has karate class once a week, on Friday mornings, at the school...which our son loves, so how could we take that away from him. So I suggested that our son at least go half-day on Friday. And if he wants to see him on an evening mid-week to let me know (he can keep him overnight, but he'd have to get him to school). He said again he'd think about it. He still is complaining about the distance and driving it and the cost of gas (who isn't complaining about gas?! He also said he's trying to figure out how to get me this month's support check because he isn't even able to make his mortgage payment or his other loan payments. We agreed to get back to each other tomorrow about this (I just needed to find out if our son's school was ok with him attending full day each day, but half day on Friday and they are). The ex is still mulling over the idea of court...he thinks it'll be fairer. I said I've been trying to be fair...he said I needed to do the math-that currently he only has like 10 days and I have 20 in a month...he said that with this new proposal he'd have 14 and I'd have 16...to which I said 'well that's more even isn't it?' He also nixed the parent-teacher meetings saying he's ok with me just relaying school info to him. And he said no to the family meetings unless it's part of a school function or some other kind of family function (i.e. a b-day party). I did tell him about the thought that a week-to-week arrangement sometimes doesn't always work out because the kids dont' feel like they have a home, but he doesn't agree with that and thinks it would allow our son to 'settle down at each home'. He complained that when he gets our son on Friday evening he's very clingy, then he's fine on Saturday and then on Sunday evening he's antsy/has an attitude and is ready to go home to me and asks why he has to go home. I told him he asks me the same thing on Thursdays and he can be clingy/have an attitude when he returns on Sunday evening. I said that is really the reality of the situation that we are divorced and don't live in the same house anymore...that this is part of being a divorced parent...that it might be better to have one 'home base' to give him stability.

So I also spoke to an attorney yesterday afternoon. Basically he said there are thresholds that the law sets out that the ex would need to meet before he'd be able to get the current arrangement changed. He's have to prove there is a substantial change in our son's circumstances that would show that a change would be in his best interest. That's a tough one. He also suggested that I be careful about how much time I give the ex with our son because it could be used against me later to the tune of "See judge she's already willing to go split time in some form." And yet, the attorney said he could see, and perhaps a judge could see too, that what I'm doing is trying to be reasonable. It's like a double-edge sword. And he said that joint custody could have financial ramifications for me because I make more than my ex. And we (the attorney and I) both brought up the question of "Well, what happens if/when my son goes to public school and the ex and I live on opposite ends of town? Can't just pick an elementary school half-way in between! Someone will end up with a drive." He also pointed out that at some point the ex had agreed that having me be the primary caregiver was the best course for our son... Basically he said I should stick to what's in the current arrangement. He said if I agree to waive the child support to do so with a stipulation that it be re-visited if circumstance change and/or within 3 years (like what the courts already do).

And after that attorney visit, I know neither me nor my ex are in a financial position to be going to court. Just an hour and fifteen minute visit was nearly $400!!! So that's another negotiating point that I need to lob at the ex...how is it in our son's best interest for both of us to end up financially ruined by going to court over this. Not to mention our son seeing us both stressed out because of the struggle (I've already noticed my little guy being a little more clingy since these talks with the ex started...I'm doing my best to let him know how much he's loved by both of us and to keep things on an even keel.). I've already told the ex that, despite what he thinks, I'm not trying to keep him from having more time, rather I am trying to preserve a current schedule that our son is currently thriving on. That our son doesn't need a major upheaval in his schedule because that would be a detriment.

So the drama continues...I'm praying for a peaceful resolution for my son's sake. It's concerning because the timing of this is just before my wedding (next Friday)...and some of the things the ex said at this last meeting make me think (and my brother too because I ran this all by him) that the real issue is that my ex has an issue with me getting remarried.

Thank you for all your support and your advice!!!

More Answers

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E.P.

answers from Las Vegas on

Dear L., Please stop and think about the whole picture. I can see how much thought and consideration you have given to your husband"s request. It appears that your husband has not made much effort to achieve stability for your son. He is okay with his girlfriend "calling ths shots", changing your son's school and he is skating free. Free support, free insurance, free babysitting while he is working. You are kidding yourself if you think that this will work for your son. This works for your ex and your son will loose his routine outside of school because the gf has her own values. Take it from another mother of three, it your current parenting plan is in place leave it alone. My sister works in County Family Support and the list of ex husbands like yours is endless. Your ex wants something for nothing. How has he stepped up to make things better? What difference does it make how far school is? He is responsible to get him to and from school during his week. He is responsible to get your son up for school and plan for your sons care after school. The gf needs to stay out of the mix. Until she is out and the ex steps up with $$ and quality plans for time and care... do not go beyond the limits of your current arrangement. Your doing so will work against you when you go back to revisit your parenting plan. I suspect the his motives and the gf. Adhere to boundaries where your son is concerned. Your son is too young to understand how manipulative adults can be. The gf is not his mother. If your ex thought so much of her, they would be getting married. I do not see where they are making any committments. They are only looking for convenient solutions for them. You are trying to hard to please them and not yourself. Be selfish with your son. He is only young once. What kind of values do you want him to have? Yours or the girlfriends. She is in a precarious position of teaching him at school and home. Please focus more on your son and less on pleasing the gf and the ex. They need to bring more to the table. Please keep in mind that the position that she holds as a director does not come with automatic trust. Otherwise you would have choosen her school to begin with. She is in a position to "document" a permanent school record. Your son needs to be in a place with adults who are unbiased where his intersted are concerned. Unless your ex has taken parenting classes in early childhood development, he will defer everything to the gf. Please do not overlook the facts. You and your ex created a life that the gf nor your fiance had no part of. Your son will develope relations with adults with time. Until you and your ex are on the same page with "blended" family members (gf, fiance) where your son is concerned keep what you have and do not vary. Revist the support to keep up with the cost of living, $300 is a very small amount for support, let him pay his medical portions and do not conceed midweek visits unless it is for a specific occasions (designated holidays). If it is not in writing do not go out of bounds. I wish you and your son the best. I would rather see you proceed with caution. Once you voluntarily agree to something it is very hard to undo :)

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R.H.

answers from Las Vegas on

I think it sounds like that arrangement would be more than fair to your ex. Plus I don't think it's unreasonable for him to continue with child support since you are still paying for his school (I would keep him in his current school). Plus I'm sure it would be nice if you could have weekends with him too. And can I just say I'm impressed with both you (and your ex) for working so well together for the sake of your son. Good luck!

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P.K.

answers from Las Vegas on

WOW that's a lot to consider! I agree with you about most everything you said! I will point out one other thing that you may have not considered. When a kid spends time half and half like that they don't have a home base. My 4 steps did that for about a year where they were with us for 1 week and mom for 1 week. At your son's age when homework isn't an issue it is a lot easier but once he is in school it will be A LOT harder. Think about it..if you and ex hubby were still married one parent would be "in charge" of the school responsability making sure that homework is done, the teacher is happy, there are no behavior problems and all of that kind of stuff. Imagine if you lived in New York for half of the week and LA the other half. Which place would be 'home'. Everybody needs to feel like they have a home ESPECIALLY kids. My steps were stressed out by the situation because there were 2 different discipline styles and no body was 'in charge'. They said they had 2 nice houses but still felt homeless as if they were always a guest in someone elses home. Just food for thought. You have a hard decision to make and I suggest you get as much advice as you can stomach and then follow what your heart says. Mommy instinct is rarely wrong. Good luck.

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P.S.

answers from Las Vegas on

It sounds like you have been thinking alot about this and I hope you will do what you feel is the best decision for your son.

I'm not sure if the girlfriend has any wrong intentions about having at least one weekend free or whether the child support is an issue either. I can say if you do agree to put your son in her school and change all custody agreements, what happens if they break up? You ex most likely will not want to see her, so once again you are faced with changing schools and his routine and probably the custody again. If I was in your situation, I would not do anything yet. I would leave your son in his preschool and maybe take some time before making this big decision.

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J.F.

answers from Las Vegas on

Do what is best for your son. Trust your motherly instincts. Keep your son in the school where he feels safe and secure.

Also, think long and hard before agreeing to any changes in custody. It is admirable that you want to allow your son more time with his father, but you can always agree to a day here and there. It is so hard, especially on very young children like your son, to go back and forth a week at a time between two houses. Often, children in this situation never feel a sense of permanence. Like they don't really have a home. Sure, they have two houses, but not that feeling of having a true home. This kind of shuffling back and forth is very difficult on children and their developing sense of security. Maybe when he is older, you could reconsider.

Also, sit down with your attorney and talk through these issues before making any verbal arrangements with your ex. Keep in mind that your child custody and support arrangements are spelled out by court order. Parents cannot simply decide to make changes without going back to get the court to modify the order. This is done for the protection of the children. Making changes outside of your court order can come back to haunt you in ways that you might not realize right now.

If you should go ahead and agree to the proposed arrangement, have you thought about what happens if your ex and the girlfriend decide at a later date to send your son to her school on the weeks he is with them? What do you do then, take back your agreement? How would this affect your son after you allowed the change and now want to change it again? What do you know about this woman? Do you want her spending a week at a time with your son before you get to know more about her and what kind of role model she is? What happens if one of the holidays you are supposed to have with your son falls on the week he's at dad's and they want to take him out of town? How do you resolve this? Things can get very, very messy between ex-spouses, and when you add new girlfriends and fiances, it becomes even more complicated. That is the reason for having everything specified by court order. Please think about these things before you agree to changing your custody agreement.

Also, it sounds like you ex might be trying to get out of paying child support. Again, think this through. What might sound like a good idea to you now may not be such a great thing in the months and years to come.

I hope I haven't sounded harsh; that is not the intention. Just wanted to present some things that perhaps you had not yet thought about. I wish you and your son the best.

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M.S.

answers from Las Vegas on

Sorry but I think all of this is just your ex's girlfriend's ploy to leave her at least alternating weekends kid-free. She's trying to ensure LESS time with your son. Think about it, as it is, they have to be hands-on with your son because he's home all weekend, EVERY weekend. If she gets her wish and sticks him in her school, someone ELSE teaches him and she just bathes, feeds and puts him to bed...probably EARLY...and ensures herself time with boyfriend. Then, every other weekend, they take off.

Do what is best for (in this order): your son, yourself, and then, your ex-husband. His girlfriend is not on that list! Don't allow that woman to have these conversations with you. Tell her, "Thank you, but this is a discussion I need to have with the child's dad." Stay polite but firm.

He can't afford $300/month on child support? Then he probably can't afford the attorney to take you back to court. I'd let this whole thing fizzle out if I were you. I'd just tell him, "We'll see..."

Best wishes,

M.

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