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Conference quark::mennotes-v1

Title:Topics Pertaining to Men
Notice:Archived V1 - Current file is QUARK::MENNOTES
Moderator:QUARK::LIONEL
Created:Fri Nov 07 1986
Last Modified:Tue Jan 26 1993
Last Successful Update:Fri Jun 06 1997
Number of topics:867
Total number of notes:32923

345.0. "Legal-rights after Divorce" by XCITER::MARTIN () Wed May 10 1989 16:38

    I thought I would open another note to talk about After-Divorce
    legal rights.  We all known the emotional side of this but please
    keep this note to the legal aspects.
    
    My question: For the state of NH is it posible for a man to obtain
    joint physical custudy of the child.  I have heard of some states
    like Cal that the child spends half the time with Mom and half with
    Dad.  I believe I am in a position that this could work and work
    well.  I now have joint legal custudy and the child is now spending
    between 40% to 50% of her time with me now.  I do get yank-around
    from time to time on the visitation and I am afraid that the time
    I spend now could be pulled away by the ex.  I want to get this
    time put down into a legal sense so I will not lose my time with
    my child.
    
    I would be looking for a bi-weekly agreement (two weeks with me
    and two weeks with mom) or one-week agreement (one week with me
    and one week with mom).  For the stats I live in the same school
    district and town, and I believe my child age(10) would like this
    arangement.
    
    					one guy who misses his kid.
    
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345.1How many times must it be said - GET AN ATTORNEY!!COMET::HENNINGERWed May 10 1989 18:4534
    To your major question:
    
    Joint physical custody should be discussed with a competent family
    law attorney and if it is a possibility then it should be proposed
    by you and your attorney to become 'the law of the land'.  
    
    My thoughts:
    
    1. You 'think' your child would like the one week on one week off?
       Have you actually asked him/her?
    2. Are you willing to go to mediation( three way, your child at
    that age needs to have representation) or to fight it out in an
    open court?
    3. I have heard of shared physical custody working on occasion,
    it all depends on the parties involved.   I also know from a male
    ex of joint physical custody causing great amounts of friction.
    4. Being in the same everything is a benefit but how far physically
    is it from one house to the other.  Will s/he be able to have open
    visitation to friends in either neighborhood or will s/he need to
    be restricted to one neighborhood each week.  Friendships on a weekly
    basis I would think are difficult, especially at that age 'You weren't
    here last week when...SO YOU ARE NO LONGER MY FRIEND' can be quite
    devastating.
    5. What happens when one or the other of you and your ex gets that
    dream offer out of town?  Be prepared for another round in mediation
    /court.
    
    MY BEST ADVICE,
    1. Ask your kid?
    2. Get with an attorney.
    3. not necessarily in that order.
    
    Don_who_had_fought_and_won_several_battles_to_lose_strategicly_the_war
    
345.2You can do itQUARK::LIONELWed May 10 1989 19:077
Not only is it possible to have joint custody in NH, but the courts
encourage it.  For your reference I live in NH and have exactly the
kind of arrangement you are looking for - two weeks on, two weeks off.
We've been doing it for over three years now and I think it's the best
overall solution.  But I also can see that it wouldn't work for everyone.

				Steve
345.3Please be careful...JAIMES::GODINThis is the only world we haveThu May 11 1989 13:0917
    Re. the advice to "ask your kid":  I don't have any answers.  In
    a way I'm facing a similar situation.  But my kid is 15!
                 
    Does anyone out there have any input regarding how healthy it is
    for a child of divorced parents to be put in the position of expressing
    a choice between them?  I've read somewhere (perhaps several
    somewheres) that being asked to choose -- to even express a wish
    -- to live with one parent or the other is very difficult for most
    children.  I realize that the situation established in the base
    note is not a true "one OR the other" choice, but to the child it
    could appear to be a request to express disloyalty to the other
    parent.
    
    At least that's the situation my son and I are in!
    
    Good luck to you and your child.
    Karen
345.4re .3DMGDTA::WASKOMThu May 11 1989 14:2420
    Well, yeah, actually.  My son was put in the position of having
    to make a choice when our joint physical custody arrangement had
    to be terminated (Dad moved to Florida).  He was 12 at the time.
    I convinced my ex that *neither* of us could provide objective help
    or reasons to the child for making the decision.  Instead, we had
    him talk with a counselor for three or four sessions.  It was a
    VERY positive experience.  My son made the choice, was able to tell
    both of us (separately) his reasons, and everyone has been content
    with the results.
    
    Generally, the common rule of thumb is that somewhere in junior
    high, the child's opinion should start to count.  The older the
    child, the more weight to give his opinion.  Presenting the choice
    as 'which house would be best for you' or something which is not
    overtly 'do you prefer your Dad or Mom' is probably a better way
    to approach the question.  Children (even adult children) really
    deserve the chance to continue to love both parents without feeling
    guilty.
    
    Alison
345.5DOUBLE::DM_JOHNSONNever mistake motion for actionThu May 11 1989 14:3210
    My soon to be ex is a school guidance counselor so she has a lot
    of experience dealing with divorce ramifications. In the younger
    years don't ever, ever make it look like a child has to express
    a preference or "disloyalty." It creates lots of stress on the kid.
    The stress is still there in the high school years but the approach
    of .4 has to be commended for it's attempt to alleviate the stress
    and treat all three people as equals with opinions and preferences
    rather than loyalties and disloyalties.
    
    Dj
345.6Hmm sounds like a Seminar in Team Building ..AHIKER::EARLYBob Early CSS/NSG Dtn 264-6252Thu May 11 1989 17:0823
    re: 345.4,, .5
    
    Hmm as an ASIDE: DEC, through its various seminars on getting people to
    "play better" on teams; also encourages this "open, non-threatening
    approach" to problem solving. 
    
    People should say "Which person has the better resources to solve
    this" rather than the conventional approach of "Well, it ain't my
    problem. Its software (or hardware) !"
    
    Yes, it has been the policy of NH to ask the kids directly, using a
    sliding scale of weight, for some time now. In some cases, the Ex's can
    alter the childs opinions, depending on whom they currently live with. 
    
    Obviously, if there are two parents who TRULY have the childs best
    interest at heart; it should be made easier for the kids to decide. 
    
    Its nice to know that POSITIVE progress is being made in tis
    all-important area.
    
    Bob
    
    
345.7let me try and let you know...PH4VAX::MCBRIDEPikes Peak or Bust!!!Thu May 11 1989 22:2013
    I've been divorced fo rsome time.  My kids live in Delaware.  I
    am within easy commuting distance of them.  Next month, however,
    I am moving to Colorado.  I asked them if they want to come out
    for a year or so.  Frankly, I guess I didn't think that they would
    consider it a choice between the two parents.  (they turned me down,
    they are young teens)  I'm gonna, go back and suggest to them that
    the move is going to happen.   I will welcome them if they come
    out and that coming out is not a choice but a little adventure.
     If they change their minds they can come back.  No problems.  I'll
    do that this weekend and let you know how at least one set of teens
    takes it.
    
    Bob
345.8DOUBLE::DM_JOHNSONNever mistake motion for actionFri May 12 1989 13:0711
    One caveat - you have to watch the situation where a child starts
    ping ponging between the parents. "Well, if you're going to make
    the rules so restrictive then I'm going to go live with (mom/dad)."
    That will end up going bad for everybody.
    
    Also, depending on the situation high school can be a rugged time. I
    don't think I'd recommend switching schools more than once in that
    timeframe. The peer support network at school could cause some
    problems.
    
    Dj