Break the [wounds + unawareness] cycle and guard your descendents

Resolve Child Custody Conflicts
 
p. 1 of 3

Basic Premises, and a Key Question

by Peter K. Gerlach, MSW
Member NSRC Experts Council

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The Web address of this three-page article is http://sfhelp.org/Rx/spl/custody1.htm

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        This is one of over 150 articles focused on healing psychological wounds,  building high-nurtur-ance family relationships, breaking the [wounds + unawareness] cycle, and preventing divorce. This introduction describes the Web site's purpose and the best ways to use its resources. Each article is part of a mosaic of ideas, so the more you read, the more sense they'll all make.

        These articles augment, vs. replace, other qualified professional help. The "/" in re/marriage and re/divorce notes that it may be a stepparent's first union. "Co-parents" means both bioparents, or any of the three or more related stepparents and bioparents co-managing a multi-home nuclear stepfamily. 

        Before continuing, reflect: why are you reading this - what do you need?

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        Demographers estimate that roughly 70% of the millions of Americans who divorce have one or more living kids. The co-parents and local court decide who gets primary (physical) custody of each minor child. Where co-parents can't agree, a family-law judge orders the kids to live with their mother or father, with primary, sole, or joint custody, based on their opinion of what's "in the best interest of each child." 

        Conflicts about child custody, visitations, and financial support can be complicated and bitter because of the primal bonds between most parents and kids, and the welter of intense feelings, needs, and unresolved stressors that family separation and divorce amplify and cause.

        Relatives and stepparents can add their own custody opinions and needs, increasing conflict complexity. Minor kids - with a daunting array of their own needs - have little power, and are usually caught in the middle.

        This three-page article explores what each person snared in typical child- custody disputes really needs, and suggests options for filling those needs effectively. The article...

outlines 12 basic premises about child custody (below),

explores who really makes custody decisions,

proposes three goals for effective custody arrangements,

defines effective child-custody arrangements,

proposes what typical kids and co-parents need in a custody agreement,

outlines three common types of custody-disputes, and...

suggests 10 co-parental options toward permanently resolving significant child-custody disputes.

         This article assumes you're familiar with these concepts...

  • Requisites for high-nurturance families and relationships

  • An introduction to adults who grew up in low-nurturance families, and what that means

  • This overview of stepfamily basics and what they mean

  • Five common stepfamily hazards, and 11 core problems they cause

  • 12 ways motivated co-parents can guard against these hazards and related problems;

  • How to resolve values and loyalty conflicts and associated relationship triangles; and...

  • Common developmental and family-adjustment needs that typical minor stepkids need informed adult help with.

        If this seems like a lot of work - it is! The TANSTAFL principle (There ain't no such thing as free lunch) applies here. If your co-parents want long-range stepfamily satisfaction and harmony, you must invest major time and effort to earn them. The eventual rewards are beyond price and description!

 Perspective

        This article is based on 27 years' experience consulting with over 1,000 average divorced and re/married co-parents. Many were struggling over child-related conflicts, like who should have legal and physical custody. The word custody comes to us from the Latin root which means "to guard."

        The process of fighting over child custody is the same as with any other family dispute - finding an acceptable way to resolve co-parents' clashing needs and opinions. Custody battles can be specially complex and acrimonious because they (a) implicitly ask "Who's the better caregiver?", and (b) they involve the welfare of one or more beloved kids. Resolving these volatile disputes effectively takes special awareness and knowledge.

        This article exists because minor children in divorcing families and stepfamilies need informed, cooperative parental nurturance to prepare for stable independence. When divorcing co-parents can't agree on how to provide this nurturance together, they invoke the legal system - which is inherently adversarial.

        Family-law judges apply complex federal and state laws to decide who should be responsible to provide what child nurturance how, and when. Restated: when parents can't agree, biased legal professionals who know little of the divorcing family try to discern what each unique child needs, and how their caregivers should fill those needs.

        Because each child and family is unique and child-raising is more art than science, custody, visitation, and financial support decisions must be subjective. However, I propose that some premises about custody disputes apply to all situations because they're based on primal human needs. These premises affect effective resolution of any child-custody battle. See how these compare to what your co-parents believe now...

  Basic Premises

        To clarify your stance on child development and custody decisions, decide whether you Agree, Disagree, or ? (aren't sure, or can't say) on these core ideas:

        1) Minor children of divorce or parental death have many concurrent developmental and family-adjustment needs. Each co-parent has their own mix of primary needs. Family nurturance refers to filling all adult and child needs effectively, not just the child's. (A  D  ?)

        2) The are at least 30 factors which affect a family's nurturance level. Some are instinctual in healthy adults, and others are learned through co-parents' childhood experiences and training. One key factor is the degree of health, harmony, and shared purpose among caregiving adults. Divorce indicates significant co-parenting disharmony. Persons, families, and cultures differ on which nurturance factors are most important. (A  D  ?)

        3) A co-parent who was well nurtured in their early years is more likely to provide consistently-effective family nurturance than an adult burdened with unawareness and wounds from early-childhood neglect and abuse. Kids' personalities and wholistic health are strongly affected by (a) their genetic inheritance, and (b) the nurturance-level of their home and social environment before entering first grade. (A  D  ?)

        4) Wounded, unaware adults repeatedly choose wounded partners, until they admit and intentionally reduce their wounds. This means that typical stepkids are raised by significantly wounded bioparents and stepparents, and are at risk of inheriting the wounds. (A  D  ?)

         5) Usually the co-parent/s in one home are (a) less wounded and ignorant and (b) better able to fill everyone's needs (1 above) than co-parents in the child's other home.  (A  D  ?) Common factors that affect this include:

Some wounded caregivers use (need) a minor child to fill their own primary needs for life-purpose, identity, security, stimulation, and social status and acceptance. They deny this to themselves and others, and may be specially bitter custody battlers.

        Healthier caregivers fill their primary needs elsewhere, and enjoy major satisfaction from (a) living with their child/ren, (b) balancing their main priorities (needs), and (c) patiently giving time and attention to help their youngster/s attain healthy independence. (A  D  ?)

A co-parent who wasn't strongly motivated to conceive and raise a child is less likely to want to self-sacrifice for many years to nurture their kids. S/He may raise a child more from duty, guilt, anxiety, social pressure, and/or legal requirement than from a primal parent-child love-bond. There are exceptions. (A  D  ?)

Some co-parents want to provide the family-nurturance factors more than other caregivers. This is shaped by personality traits + knowledge + personal experience + wholistic health + supports + competing distractions and needs. Personality traits depend on (a) genes and (b) false-self dominance. (A  D  ?)

For various reasons, some co-parents (a) have more effective-co-parent traits, and/or (b) are less distracted from caregiving by their personal and social problems than other co-parents. (A  D  ?)

Some co-parents are more open to admitting they need local caregiving help (e.g. co-parenting education, counseling, medical advice, tutoring), selecting qualified help, and accepting it than others.  (A  D  ?)

        Recall: we're reviewing your beliefs about factors that affect which custody option is best long term for a child of divorce and their nuclear family...

        6) Using legal professionals to resolve child-related conflicts strongly suggests that...
  • one or both bioparents have significant false-self wounds, and...

  • haven't developed effective-problem-solving skills.

So any court ruling not requiring adult wound-recovery and improved communication skills may force resolution of current surface conflicts, but will increase co-parent barriers and lower the multi-home family's nurturance level. That raises the odds of eventual re/divorce, and minor kids inheriting false-self wounds. (A  D  ?)

        Premise 7)  At any time, each minor child and each caregiver has a mix of conscious surface needs (symptoms), and underlying primary needs. This mix dynamically determines their ongoing motives, decisions, and behaviors.

       Focusing on filling surface custody needs will probably not provide optimal long-term child nurturance. Adults usually can't "see" their underlying needs until their true Self guides their other personality subselves.  (A  D  ?)

        8) Typical child-custody battles are tangled in a web of other concurrent internal and interpersonal conflicts between co-parents, kids, and relatives. So odds for lasting resolution rise when all adults...

  • are fluent in the seven Project-2 communication skills, and help each other...

  • separate their multiple problems,

  • dig down to discern their primary needs, and...

  • focus on satisfying a few at time. 

Adults who aren't aware they're ruled by false selves find this hard or impossible. Laws, attorneys, mediators, and judges cannot solve this.  (A  D  ?)

        9) Conflicts occur when two or more persons' primary needs clash, and they don't know how to problem-solve as mutually-respectful partners. The best chance for lasting custody-conflict resolution occurs when each co-parent is (a) aware of their ex mate's, and the child(ren)'s primary needs, and (b) genuinely values them as highly as his or her own needs - i.e. when each co-parent  has an "=/=" (mutual respect) attitude. Both conditions are most likely when co-parents' true Selves are solidly in charge of their personalities. (A  D  ?)   

        Premise 10)  Every child needs healthy male and female role models to develop clear gender-identity and successful adult independence and relationships. In some key ways, the most nurturing male cannot give his child what a female co-parent can, and vice versa. Restated: every developing child needs stable, healthy, balanced interaction with male and female caregivers. (A  D  ?)

        11)  Co-parent teamwork- barriers and child-related impasses result primarily from adults' (a) psycho-logical wounding and (b) shared ignorance of communication basics and skills. Using legal force to resolve child-related co-parent conflicts is a clear sign of these two factors.

        It will usually increase family stress and co-parenting barriers, no matter what the court rules. Once assessed and admitted, false-self wounds and communication ignorance can be intentionally reduced, over time!  (A  D  ?)

A final custody-related premise is...

        12) The first (pre-legal) phase of divorce has probably already significantly wounded each minor child and hindered their development. So the best adult/s to nurture such kids are clearly aware of...

  • each child's status with developmental and family-adjustment needs and wounds and...

  • their own needs and wounds; and...

  • are motivated to reduce everyone's wounds - i.e. to provide a high-nurturance home for them all.

 This suggests a rule of thumb: co-parents who are (a) knowledgeable about these topics and (b) clearly in true personal recovery are more like to nurture minor kids well than those who aren't. (A  D  ?)  

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        Pause and stretch... What are you aware of now? Do you agree with these 12 premises? Do your other co-parents? Your attorneys and judge/s? Consider learning the answers, if you don't already know.

        The overarching premise here is that your odds of making optimal long-term custody decisions go way up if you co-parents (a) know what you each believe, and (b) compromise significant values conflicts! For more perspective, review this article on selected co-parent attitudes.

        Before exploring your resolution options, let's examine a vital question that these 12 premises bring up:


Who's Really Running Your Lives?

        My clinical experience is that most parents who (a) are guided by their true Self and (b) know how to communicate effectively usually don't divorce. Those that do divorce usually work out cooperative custody arrangements without lawyers, mediators, or an article like this. 

        So if you're divorced and have serious co-parenting conflicts, then one or both of you co-parents (and any new partners) are probably dominated by a well-intentioned false self. If so, that has major implications for all of you.

        Co-parent Project 1 offers an effective way to assess if this is so, and what to do if it is. For a preliminary check, use this comparison and this self-evaluation worksheet and see what you learn. If you're skeptical, study this true example, try this safe exercise, and read my letter to you.

        The rest of this article assumes that you've assessed for significant false-self wounds, and concluded (a) "I and my ex are probably not psychologically wounded," or (b) "one or both of us are wounded, and we want to learn more and evolve a personal healing plan for all our sake's."

Continue with a definition of effective custody, a look at your motivations, and what your kids and co-parents each probably need in this situation...

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Updated  July 26, 2008