Tag Archive for: parenting

Posts

mediation for separated parents

Mediation for Unmarried Parents

in ,

Here are some of the questions asked of me during a recent consultation for mediation with unmarried parents:

  • Do I have equal rights as a father?
  • Can I still get child support?
  • What decisions do we need to make for “custody and visitation” (which I refer to as a parenting plan)?
  • What can we submit to the probate and family court?
  • How can mediation help?

Do I have Equal Rights as a Father

Not necessarily.

Married parents are generally viewed as having equal parental rights prior to the filing of a divorce. For unmarried parents, unless and until paternity is established, mothers are provided full custody of the children. Once paternity is established how a judge determines child custody is the same for divorcing or unmarried parents.

The court can grant shared legal custody in a several scenarios, including if parents have entered into an agreement, such as one that might be forged in mediation. The Commonwealth has created a more detailed guide for custody issues for unmarried parents in Massachusetts.

Can I still get Child Support?

Yes!

Child support is the right of the child to have both parents financially contribute to their upbringing. The Massachusetts child support guidelines are the same for unmarried and divorced parents.

What decisions do we need to make for “custody and visitation?”

If there is to be parenting time for both parents a parenting time schedule would be established. Unmarried parents can also develop a more detailed parenting plan that includes how to share holidays, vacation time, and more.

What can we submit to the Probate and Family Court?

There are forms to establish paternity, child support, custody, and parenting time. You can find this information on the unmarried parents page of the probate and family court website.

How can mediation help?

Mediation can help unmarried parents decide together what is the best interests of the children. Mediation keeps the decision-making in the hands of the parents and not a judge who does not know your child. Even if there are disagreements, mediation is a model for conflict resolution that can help unmarried parents find common ground in a more private, faster, cheaper, and child-centered manner.

 

little girl with paper family in hands

Divorce with Children – An Interview with Ben Stich

in

I was honored to be interviewed by Natalie Armstrong from the Marketing Resolution YouTube Channel on Tuesday from among the many stellar divorce and family mediators she knows. The interview was fun, brief, and hopefully informative for viewers interested in learning about family and divorce mediation. Check it out!

Divorcing with Children: An Interview with Divorce Mediator Ben Stich

When there is a divorce with children an effective separation agreement can set the stage for better outcomes for kids. One of her goals from the interview was to help viewers learn how mediation helps parents craft a child-centered custody arrangement and parenting plan.

About Mediator Natalie Armstrong-Motin

Natalie is a fierce advocate of dispute resolution practices. She promotes divorce mediators and dispute resolution experts from a range of industries, including family law. Her goal is to increase awareness of peace-making resources that exist throughout the world. To that end, her YouTube Channel is a volunteer venture and does not produce income for her or the interviewee.

To learn more about Natalie’s work promoting mediation professionals check out The Marketing Resolution YouTube channel.

Her channel is all about the resolution industry. It highlights the providers – the mediators, arbitrators, collaborators, facilitators, trainers, authors, speakers, bloggers, organizations, associations, and laws. Contact Natalie Armstrong-Motin at Marketing Resolution

Child Custody and Visitation written on a paper and a book

How Custody Works in Massachusetts

in , , , ,

The word “custody” conjures ugly divisive images for many people. This post will clarify how child custody works in Massachusetts.

Two Types of Custody

In Massachusetts there is legal custody and physical custody. Legal custody involves a parent’s legal right to making decisions for their child. Physical custody relates to time the child lives with each parent.

How Legal Custody Works in Massachusetts

Legal custody is a parent’s right to make decisions for their child. In particular, having legal custody allows the parent to influence the child’s education, medical care, and emotional, moral, and religious development.

In practical terms, having legal custody allows a parent to weigh in on decisions like:

  • Approving your child’s Individualized Education Plan
  • Consenting to your child’s surgery
  • Determining your child’s religious education plan
  • Deciding if your child sees a therapist

In Massachusetts, parents either have Shared Legal Custody or one parent has Sole Legal Custody.

Shared legal custody is typical whereby both parents are continually involved with all major decisions related to their child. Sole legal custody, which is less common, is when only one parent has the legal rights and responsibilities of making these important final decisions.

How Physical Custody Works in Massachusetts

Physical custody indicates where the child lives. In Massachusetts, parents either have Shared Physical Custody or Sole Physical Custody.

Shared custody is when a child has periods of living with each parent, so the child has frequent, continuous contact with both parents. Sole custody is when a child lives with one parent and is subject to reasonable parenting time with the other parent.

In practical terms, parents negotiate their parenting schedule. In divorce mediation, the outcome of the agreed upon parenting schedule determines the formal custody status.

How to Figure Out a Parenting Plan

During divorce mediation the mediator will guide parents through questions to consider in order to negotiate a parenting plan that serves the best interests of the child. There are a number of helpful resources mediators can provide that describe best practices, such as Planning for Shared Parenting which is endorsed by the Commonwealth of Massachusetts for parents living apart.

How Does “Custody” Work Bottom Line

The word “custody” makes many people feel uncomfortable. During mediation the mediator can help you navigate this without an over-emphasis on divisive language. A good divorce mediator will help  parents figure out two important issues that can be done without an over-emphasis on the “custody” word:

  1. How to make decisions for their child (i.e. legal custody) and,
  2. How to craft a parenting schedule for their child (i.e. physical custody)

Contact Ben Stich for a free mediation consultation if you would like to learn more.

This article “How Does Custody Work in Massachusetts” contains general publicly available legal information and does not contain legal advice. This article is not a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, contact a mediation-friendly attorney.

Child between parents trying to understand divorce

Your Kids and Divorce: Mediating a Child-First Divorce

in , , ,

What do kids and divorce negotiations have to do with one another?

A lot! (for parents).

Thinking about your kids could be the best decision you’ll make in your divorce negotiation.

Your Kids’ Shoes

I recently wrapped up a mediation that was a model child-centered divorce.

The parents weren’t buddies. They didn’t spend a lot of time together. They disagreed a lot during mediation.

In fact, they didn’t particularly like each other.

But they love their kids, and despite the obvious personal tension between them they embraced their redefined relationship: co-parents for life.

And they realized that to make a great parenting plan they needed some perspective.

Kids and Divorce Mediation

What kind of perspective?

Your kids!

Some would ask what a child’s perspective has to do with divorce negotiations, so let me explain.

The degree to which your parenting plan meets your children’s needs can profoundly affect how well they adapt to divorce.

My divorce mediation clients worked hard to put themselves in their children’s shoes and consider their perspective when crafting the parenting schedule, holiday division, and the many other parts of their parenting plan.

And the way in which they did this was usually subtle. They’d ask questions like:

She has all these activities…what kind of drop-off arrangement do we think would be least stressful for her?

You know, she’s really worried about the dog…would you ever consider having her bring the dog with her when she’s at your place?

He’s really anxious and worried about upsetting either of us…can we figure out how to explain the plan to him together? Maybe we can have a family meeting?

You know his friends are his life…we need to figure out a way to make sure we’re on the same page about play dates and birthday parties…

I think alternating Christmas, which is what I’d personally like to do, would be devastating for them…how can we make this work so it’s still special for them and not impossible for us?

Your Kids and Divorce…

Walking in your kids’ shoes for a moment can take the focus away from your spousal conflict and place it on what binds you most meaningfully: your children.

And will lead to a better child-centered parenting plan.

toys for babies and toddlers

Dealing With Divorce Can Be Easier When You Think Like a Kindergartener

in , , , ,

I am always trying to find a unique twist for my posts.

Something that sets my ideas apart.

Thinking about this post, common expressions I hear from parents in mediation kept running through my mind.

Statements like:

He’s so demanding.

She’s so controlling.

He’s rude.

She’s bossy.

Hmmm…I wonder what mind-blowing advice I could provide about dealing with divorce?

Ideas for Dealing with Divorce Co-Parenting Issues

I was discussing this with my wife and throwing out ideas.

Should I write about active listening skills, I asked?

Or the difference between positions and interests?

Perhaps a post about relationship boundaries?

She turned and gave me the most jaw-dropping, duh-why-didn’t-I-think-of-that answer.

A topic I had never even considered.

Something so obvious, so universal, that we take its power for granted.

So What Did She Say Already?

How about how to be polite?
You know, say please and thank you more.

And you know what, as I paused to think about her suggestion, mediation after mediation flashed through my mind.

I thought of a mother wishing the father would show appreciation and thank her for making sure their child honored him every Father’s Day.

I thought of a bitter and resentful father who wished the mother would politely suggest, rather than demand, decisions that were hers to legally make.

I thought of an email exchange where one parent graciously deferred to the other parent’s idea, and then later blew up because she was never thanked.

That’s right, the “magic words” that we learned in pre-school, please & thank you, hold such power and influence that they can make or break a relationship!

Why Kindergarteners can be “Smarter” than Adults Dealing with Divorce!

We teach our five year olds to say “thank you” after someone does something kind for them.

We implore them to appreciate kindness.

We chastise them when they forget, mumble, or complain.

Yet, adults overlook kindness all the time.

And sadly, the longer the relationship, more is taken for granted, and less appreciation is acknowledged.

In marriages this dynamic can slowly erode warmth, and lead to resentment.

In co-parenting relationships, this can scuttle efforts to work together for the benefit of the children.

How to be as Smart as a Kindergartener

Just as I have seen relationships deteriorate when basic niceties are missing, I have seen efforts to show more courtesy strengthen the most strained relationships.

I think of a defensive mother who opened up to collaboration after her co-parent started the mediation by thanking her for helping out last week.

I think of an impatient father slow down after his wife politely asked him to be patient with her during the mediation session.

I think of a resentful husband write an email more carefully after he received a surprisingly respectful email from his divorced wife.

3 Adult Strategies for Implementing the “Magic Words”

1.     Avoid presumptions and entitlement.

Just because someone does something nice on a regular basis does not mean it should be expected, or go unnoticed. If your wife stays at home alone with the kids every Thursday so you can play cards with the boys, thank her…every Thursday.

2.     Avoid relationship laziness.

If you need something from upstairs you can either tell your eight year old to go get it, or you can ask him to please go get it. The former conveys that being bossy and controlling is the norm; the latter engenders goodwill and conveys that respect is a core value of positive relationships.

3.     Avoid assumptions.

Do not assume that your co-parent knows that you appreciate how hard she’s working to make ends meet. Tell her. Regularly.

As kindergarteners have been told for generations, remember to mind your P’s and Q’s.

Please.

Thank you.

Please comment below — I would love to hear from you!

LINKEDIN USERS:  LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. If you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers who might be dealing with divorce can benefit from your ideas and reactions? Thank you, thank you, thank you!! 

vector drawing of man and woman showing different modes of thinking

3 Divorce Mediation Tips: How to Deal with Family Problems

in , , , ,

Echos of a divorce mediation:

She doesn’t get it!

He’s SO emotional.

All they’re going to do is talk about their FEELINGS.

She’s SO patronizing.

All he’s going to do is talk about what is LOGICAL.

Can you relate to arguing with someone whose brain operates in a fundamentally different way than yours?

Common Dynamics in Family and Divorce Mediation Sessions

In a recent co-parenting mediation I experienced this very dynamic.

She felt condescended.

Like she wasn’t being heard. Not taken seriously.

He felt overwhelmed.

Like he was being dragged in to her turmoil. Not dealing with the problems at hand.

During a conversation about visitation, she kept telling him how his refusal to answer calls was infuriating. She was sick of being ignored, and having her requests constantly denied.

He kept telling her how he couldn’t answer her calls because she would talk endlessly, and how listening to her was exhausting. He was sick of her nosy questions, and receiving calls from her multiple times a day.

To solve the problem they had been resorting to familiar tactics:

She made a greater effort to explain how she was feeling about the issue.

He made a greater effort to put up walls and deny her calls and requests.

How well do you think this worked for them?

That’s right…NOT AT ALL!

They were increasing the use of the very strategy that was causing problems for the other parent.

How I Used Divorce Mediation Strategies to Change the Dynamic

As you might guess, it made the situation a whole lot worse. To help, I did three things:

  1. Find a way to speak each other’s language:

I explained how their brains’ worked differently. She operated from a place of emotions and he from a place of logic. It was as if he was speaking French and she Spanish. In order to communicate effectively they needed to find a way to speak the same language. Appeal to someone who is emotional through emotions. Likewise, appeal to someone who is logical through logic! Worst case, use me as the translator.

  1. Accept who each of you are – it’s not going to change:

I explained that if they were still trying to change one another they were destined for failure. After all, if changing one another could work, they probably would not have divorced.

  1. Find ways to get what you both need and want:

I summarized what I was hearing, and asked: “She wants to be able to communicate with you and make decisions together, and he wants to make sure that he doesn’t have to justify himself, or get stuck in an endless circular conversation. Is it possible to meet both of your interests, and find ways to discuss visitation that leads to decisions and doesn’t require either of you to explain yourself?”

Sounds Good, But Did it Make a Difference?

By the end of the session, they agreed to a new plan.

He was skeptical that she would not question his reasons for things. She was skeptical that he would not say “yes” to her requests more often.

But they were both willing to try.

By using me to translate, accepting (rather than fighting) their personality differences, and trying to address their interests, they took the first steps at changing their long-standing narrative.

As I told them, “You are who you are — you can fight it, or work with it.”

Accept that fact, and you are already on a better path.

In what ways has it helped to “accept” the differences of someone else in your life? Please share!

a family quarrel divorce parents and child

How to Love Your Kids More Than Despise Your Ex

in , , , ,

There is a family judge in Massachusetts who makes decisions for children of divorce every day. She has a sign hanging on her door that reads:
Do You Hate Your Ex More Than You Love Your Kids?

Provocative question, right?

You might be thinking “of course I don’t — that’s just ridiculous!” Maybe you are even offended by the suggestion.

So why then would a judge so brazenly post this message?

After all, the chances are that if you are separated or divorced you are working hard to do the best you can to protect your kids from any harm stemming from the breakup. Your intentions are probably in the right place.

Sadly, sometimes intentions are not enough. Too often negative unintended harm comes to children of divorce because of the conflict, tension, or even ill will that exists between exes.

How Parents Make the Effects of Divorce on Children of Divorce Even Worse

Since this article started by posing the judge’s provocative statement, let me ask another provocative set of questions: If divorced parents love their kids more than hate their ex, then why do so many co-parents…

  • Complain on the phone to their friends about their ex within earshot of the kids, or….
  • Fail to buy a Mother’s or Father’s day card for the child to give to the other parent, or…
  • Dig for information from their child about the other parent’s social life, or…
  • Roll their eyes when the child tells them about something the other parent said or did, or…
  • Ask the child to choose between attending an activity with Mom or attending another equally enticing activity with Dad, or…
  • Have their child pass messages on from one parent to the other parent, or…
  • Argue at pick-up and drop-off with the ex, or…
  • Fight endlessly over a parenting schedule leaving the child in uncertain limbo about the future plan, or…
  • Litigate endlessly to stick it to the ex, or…

Before you react defensively please take a breath. Seriously. I am NOT suggesting you are a bad parent if you can relate to any of these examples. These are common behaviors among divorced parents and let’s admit it, the judge’s question contains quite a bit of hyperbole. But it certainly got your attention, right?

How Parents CAN Decrease the Negative Effects of Divorce on Children of Divorce

Now, let’s do a reframe. Let’s say that it is clear that a parent loves their kids more than they hate their ex, and we know that because they:

  • Make sure to never complain about the parent within earshot of the children…
  • Go out of the way to make sure their child honors the other parent’s birthday and Mother’s and Father’s Day
  • Never use the children as a source to get information about the other parent…
  • Listen attentively and without judgment when the children are talking about the other parent…
  • Never ask the children to choose between Mom and Dad…
  • Communicate directly with the parent rather than having the children pass messages back and forth…
  • Behave politely with the other parent during pick-up and drop-off…
  • Establish a parenting plan in a timely manner that is geared to the child’s best interest rather than the parent’s…
  • Improve communication and decrease conflict by working with a divorce mediator, rather than litigate…

The bottom line is that kids of separated, divorced or never-married parents are hyper-aware of and sensitive to the relationship dynamics between their parents. When you get angry, frustrated, exasperated, furious, indignant and outraged at your ex, please remember this:
You Love Your Kids More Than You Hate Your Ex!

Remembering this could be the best thing you’ve ever done for your kids.

Please REPLY below to share other strategies that can minimize the negative effects for children of divorce!

Jack Russell listening with one ear up

Shut Up To Improve Communication Skills! Marriage and Parenting Advice From a Family Mediator

in , ,

I used to interview prospective staff for a residential treatment program before I became a family mediator.

Whenever I asked them to describe qualities that would make them a good child care worker I was invariably told something like, “I love to help people and I’m a GREAT listener.”

Yet, when I would walk in to a room while they were working with an upset resident I would hear their voice more than that of the student.

Hmm. Curious.

Do you know folks like these newly hired child care workers who proclaim to be great listeners but don’t act the part?

I bet you do.

Haven’t you noticed that lots of people who declare themselves to have great listening skills tend to:

  • Dominate conversations
  • Interrupt
  • Talk about themselves…a lot
  • Make assumptions about the other person
  • Give advice very quickly
  • Repeat themselves…repeatedly

Great listeners?

Nope.

These folks are great talkers!

A Truth About Communication Skills

Here’s the rub.

Talking at someone has nothing whatsoever to do with listening to someone.

The two are not even in the same ballpark!

Yet for some reason good talkers usually think they are good listeners.

These great talkers may like to help others.

Take the child care workers.

When they would tell me in their interviews that they wanted to help kids and were great listeners they were speaking from the heart. They truly meant it.

And when I talk about my dream of playing shooting guard for the Boston Celtics I mean it too! But just because I am motivated to play for the Celtics, I don’t have the shooting, passing or dribbling skills to pull it off (and if you know me, you’re probably laughing).

Helping requires skill too.

And one of the fundamentals is listening.

Listening is a skill that can help people far more powerfully than any amount of chatter.

Even if it’s well-intended chatter.

Look, let’s be honest with ourselves. Almost all of us from time to time could listen better. That goes for this divorce mediator as well!

Sometimes thinking we are a good listener is really code for being a great talker!

My Family Mediator Listening Litmus Test

If you hear yourself utter any of these phrases, consider them warning signs that your listening skills are of the talking variety.

  • That happened to me when I…
  • You know, all you need to do is…
  • You’ll be fine…
  • Oh, you’re not going to believe what happened to me last week…
  • That reminds me of…
  • I have a friend who went through the same thing and she…

See Yourself Here? How To Improve Communication Skills That Will Help Your Marriage and Parenting

If any variation of these type of statements come out of your mouth try one of the following tips:

  • Shut your mouth! Seriously, STOP talking!
  • Don’t assume you know what is going to be said and keep an open mind
  • Don’t interrupt
  • Ask a question for clarification purposes…only after the person pauses first
  • Remind yourself that “it’s not about me right now” and focus on the other person
  • Remember how crummy it feels when someone talks at you when you just need someone to listen
  • Focus all of your energy on what the other person is saying, not on your watch or someone across the room
  • Do not impose your solutions on the other person — if they want your suggestions they will ask

And then, after all of that, pause for a moment.

Take a breath.

And then take pride that you truly helped your kid or spouse.

What other suggestions do you have to improve listening skills?

If you comment below I promise to LISTEN, just as any good family mediator should!

LINKEDIN USERS: LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. if you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers can benefit from your ideas and reactions? Thank you for reading and commenting on my family mediator blog!

 

divorce concept, child hand-off or co-parenting, cartoon mother handing off child to father

4 Key Strategies for Successful Co-Parenting After Divorce

in , ,
About the Author
Rosalind Sedacca is a divorce & parenting coach, author, and expert in child-centered divorce.

Co-Parenting After Divorce

While divorce can seem like an overwhelming obstacle, for many parents it is just the beginning of a new and equally intimidating challenge: co-parenting your children. Hopefully, if you’re reading this you are still involved in your children’s lives, and hopefully co-parenting. I write under the assumption that you both care deeply about your children and trying to raise with them with as little exposure to conflict as possible.

Of course not all parents can share the parenting process in this way and for some couples it is not the ideal situation to even attempt it. But those couples who are determined to co-parent and choose to live relatively close to one another so as not to disturb the school, sports and other related schedules of their children, certainly deserve credit and acknowledgement.

This is a complex topic that can’t be glossed over with a few simple how-tos. It is based on sincere levels of communication and a sense of trust between the former spouses. When handled with care, your children enjoy the security and comfort of being with their other parent when they are not with you. You are less dependent on strangers as caretakers in their lives, and that is a win-win all around.

One of the best things you can do for your children is to transition smoothly to co-parenting with your former spouse. It won’t always be easy and there will certainly be challenges along the way, but here are some things to remember that will help make your new co-parenting relationship work.

• Don’t bad-mouth your ex around the kids, ever! If kids ask questions, give them age- appropriate answers that are honest but not judgmental. Kids are hurt and feel guilty when the parent they love is put-down by their other parent.

• Always offer your ex the opportunity for special times with the kids – before involving a new relationship partner, i.e.: taking your teen for their drivers test or tryouts for a new sport.

• Prioritize Mom and Dad being together for special occasion: celebrating birthdays, graduations and other significant events. Be considerate of one another as co-parents to eliminate stress so your kids can enjoy a sense of family.

• You and your ex won’t agree on all things so decide to pick your battles regarding parenting issues. Determine what’s worth discussing and what you can’t control and need to release.

When you ignore any of these basic communication principles, you set yourself up for conflict, jealousy, stress and tension. Breaking these rules sabotages your sense of trust with your ex and that opens the door to mind games, retaliations and discord for everyone in the family. Remember: when that happens, your children are the ones who pay the price!

Be the hero in your relationship with your children’s other parent. Cooperate. Collaborate. Be flexible and do favors. You are much more likely to get them back in return.

Pages

mediation for separated parents

Mediation for Unmarried Parents

in ,

Here are some of the questions asked of me during a recent consultation for mediation with unmarried parents:

  • Do I have equal rights as a father?
  • Can I still get child support?
  • What decisions do we need to make for “custody and visitation” (which I refer to as a parenting plan)?
  • What can we submit to the probate and family court?
  • How can mediation help?

Do I have Equal Rights as a Father

Not necessarily.

Married parents are generally viewed as having equal parental rights prior to the filing of a divorce. For unmarried parents, unless and until paternity is established, mothers are provided full custody of the children. Once paternity is established how a judge determines child custody is the same for divorcing or unmarried parents.

The court can grant shared legal custody in a several scenarios, including if parents have entered into an agreement, such as one that might be forged in mediation. The Commonwealth has created a more detailed guide for custody issues for unmarried parents in Massachusetts.

Can I still get Child Support?

Yes!

Child support is the right of the child to have both parents financially contribute to their upbringing. The Massachusetts child support guidelines are the same for unmarried and divorced parents.

What decisions do we need to make for “custody and visitation?”

If there is to be parenting time for both parents a parenting time schedule would be established. Unmarried parents can also develop a more detailed parenting plan that includes how to share holidays, vacation time, and more.

What can we submit to the Probate and Family Court?

There are forms to establish paternity, child support, custody, and parenting time. You can find this information on the unmarried parents page of the probate and family court website.

How can mediation help?

Mediation can help unmarried parents decide together what is the best interests of the children. Mediation keeps the decision-making in the hands of the parents and not a judge who does not know your child. Even if there are disagreements, mediation is a model for conflict resolution that can help unmarried parents find common ground in a more private, faster, cheaper, and child-centered manner.

 

little girl with paper family in hands

Divorce with Children – An Interview with Ben Stich

in

I was honored to be interviewed by Natalie Armstrong from the Marketing Resolution YouTube Channel on Tuesday from among the many stellar divorce and family mediators she knows. The interview was fun, brief, and hopefully informative for viewers interested in learning about family and divorce mediation. Check it out!

Divorcing with Children: An Interview with Divorce Mediator Ben Stich

When there is a divorce with children an effective separation agreement can set the stage for better outcomes for kids. One of her goals from the interview was to help viewers learn how mediation helps parents craft a child-centered custody arrangement and parenting plan.

About Mediator Natalie Armstrong-Motin

Natalie is a fierce advocate of dispute resolution practices. She promotes divorce mediators and dispute resolution experts from a range of industries, including family law. Her goal is to increase awareness of peace-making resources that exist throughout the world. To that end, her YouTube Channel is a volunteer venture and does not produce income for her or the interviewee.

To learn more about Natalie’s work promoting mediation professionals check out The Marketing Resolution YouTube channel.

Her channel is all about the resolution industry. It highlights the providers – the mediators, arbitrators, collaborators, facilitators, trainers, authors, speakers, bloggers, organizations, associations, and laws. Contact Natalie Armstrong-Motin at Marketing Resolution

Child Custody and Visitation written on a paper and a book

How Custody Works in Massachusetts

in , , , ,

The word “custody” conjures ugly divisive images for many people. This post will clarify how child custody works in Massachusetts.

Two Types of Custody

In Massachusetts there is legal custody and physical custody. Legal custody involves a parent’s legal right to making decisions for their child. Physical custody relates to time the child lives with each parent.

How Legal Custody Works in Massachusetts

Legal custody is a parent’s right to make decisions for their child. In particular, having legal custody allows the parent to influence the child’s education, medical care, and emotional, moral, and religious development.

In practical terms, having legal custody allows a parent to weigh in on decisions like:

  • Approving your child’s Individualized Education Plan
  • Consenting to your child’s surgery
  • Determining your child’s religious education plan
  • Deciding if your child sees a therapist

In Massachusetts, parents either have Shared Legal Custody or one parent has Sole Legal Custody.

Shared legal custody is typical whereby both parents are continually involved with all major decisions related to their child. Sole legal custody, which is less common, is when only one parent has the legal rights and responsibilities of making these important final decisions.

How Physical Custody Works in Massachusetts

Physical custody indicates where the child lives. In Massachusetts, parents either have Shared Physical Custody or Sole Physical Custody.

Shared custody is when a child has periods of living with each parent, so the child has frequent, continuous contact with both parents. Sole custody is when a child lives with one parent and is subject to reasonable parenting time with the other parent.

In practical terms, parents negotiate their parenting schedule. In divorce mediation, the outcome of the agreed upon parenting schedule determines the formal custody status.

How to Figure Out a Parenting Plan

During divorce mediation the mediator will guide parents through questions to consider in order to negotiate a parenting plan that serves the best interests of the child. There are a number of helpful resources mediators can provide that describe best practices, such as Planning for Shared Parenting which is endorsed by the Commonwealth of Massachusetts for parents living apart.

How Does “Custody” Work Bottom Line

The word “custody” makes many people feel uncomfortable. During mediation the mediator can help you navigate this without an over-emphasis on divisive language. A good divorce mediator will help  parents figure out two important issues that can be done without an over-emphasis on the “custody” word:

  1. How to make decisions for their child (i.e. legal custody) and,
  2. How to craft a parenting schedule for their child (i.e. physical custody)

Contact Ben Stich for a free mediation consultation if you would like to learn more.

This article “How Does Custody Work in Massachusetts” contains general publicly available legal information and does not contain legal advice. This article is not a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, contact a mediation-friendly attorney.

Child between parents trying to understand divorce

Your Kids and Divorce: Mediating a Child-First Divorce

in , , ,

What do kids and divorce negotiations have to do with one another?

A lot! (for parents).

Thinking about your kids could be the best decision you’ll make in your divorce negotiation.

Your Kids’ Shoes

I recently wrapped up a mediation that was a model child-centered divorce.

The parents weren’t buddies. They didn’t spend a lot of time together. They disagreed a lot during mediation.

In fact, they didn’t particularly like each other.

But they love their kids, and despite the obvious personal tension between them they embraced their redefined relationship: co-parents for life.

And they realized that to make a great parenting plan they needed some perspective.

Kids and Divorce Mediation

What kind of perspective?

Your kids!

Some would ask what a child’s perspective has to do with divorce negotiations, so let me explain.

The degree to which your parenting plan meets your children’s needs can profoundly affect how well they adapt to divorce.

My divorce mediation clients worked hard to put themselves in their children’s shoes and consider their perspective when crafting the parenting schedule, holiday division, and the many other parts of their parenting plan.

And the way in which they did this was usually subtle. They’d ask questions like:

She has all these activities…what kind of drop-off arrangement do we think would be least stressful for her?

You know, she’s really worried about the dog…would you ever consider having her bring the dog with her when she’s at your place?

He’s really anxious and worried about upsetting either of us…can we figure out how to explain the plan to him together? Maybe we can have a family meeting?

You know his friends are his life…we need to figure out a way to make sure we’re on the same page about play dates and birthday parties…

I think alternating Christmas, which is what I’d personally like to do, would be devastating for them…how can we make this work so it’s still special for them and not impossible for us?

Your Kids and Divorce…

Walking in your kids’ shoes for a moment can take the focus away from your spousal conflict and place it on what binds you most meaningfully: your children.

And will lead to a better child-centered parenting plan.

toys for babies and toddlers

Dealing With Divorce Can Be Easier When You Think Like a Kindergartener

in , , , ,

I am always trying to find a unique twist for my posts.

Something that sets my ideas apart.

Thinking about this post, common expressions I hear from parents in mediation kept running through my mind.

Statements like:

He’s so demanding.

She’s so controlling.

He’s rude.

She’s bossy.

Hmmm…I wonder what mind-blowing advice I could provide about dealing with divorce?

Ideas for Dealing with Divorce Co-Parenting Issues

I was discussing this with my wife and throwing out ideas.

Should I write about active listening skills, I asked?

Or the difference between positions and interests?

Perhaps a post about relationship boundaries?

She turned and gave me the most jaw-dropping, duh-why-didn’t-I-think-of-that answer.

A topic I had never even considered.

Something so obvious, so universal, that we take its power for granted.

So What Did She Say Already?

How about how to be polite?
You know, say please and thank you more.

And you know what, as I paused to think about her suggestion, mediation after mediation flashed through my mind.

I thought of a mother wishing the father would show appreciation and thank her for making sure their child honored him every Father’s Day.

I thought of a bitter and resentful father who wished the mother would politely suggest, rather than demand, decisions that were hers to legally make.

I thought of an email exchange where one parent graciously deferred to the other parent’s idea, and then later blew up because she was never thanked.

That’s right, the “magic words” that we learned in pre-school, please & thank you, hold such power and influence that they can make or break a relationship!

Why Kindergarteners can be “Smarter” than Adults Dealing with Divorce!

We teach our five year olds to say “thank you” after someone does something kind for them.

We implore them to appreciate kindness.

We chastise them when they forget, mumble, or complain.

Yet, adults overlook kindness all the time.

And sadly, the longer the relationship, more is taken for granted, and less appreciation is acknowledged.

In marriages this dynamic can slowly erode warmth, and lead to resentment.

In co-parenting relationships, this can scuttle efforts to work together for the benefit of the children.

How to be as Smart as a Kindergartener

Just as I have seen relationships deteriorate when basic niceties are missing, I have seen efforts to show more courtesy strengthen the most strained relationships.

I think of a defensive mother who opened up to collaboration after her co-parent started the mediation by thanking her for helping out last week.

I think of an impatient father slow down after his wife politely asked him to be patient with her during the mediation session.

I think of a resentful husband write an email more carefully after he received a surprisingly respectful email from his divorced wife.

3 Adult Strategies for Implementing the “Magic Words”

1.     Avoid presumptions and entitlement.

Just because someone does something nice on a regular basis does not mean it should be expected, or go unnoticed. If your wife stays at home alone with the kids every Thursday so you can play cards with the boys, thank her…every Thursday.

2.     Avoid relationship laziness.

If you need something from upstairs you can either tell your eight year old to go get it, or you can ask him to please go get it. The former conveys that being bossy and controlling is the norm; the latter engenders goodwill and conveys that respect is a core value of positive relationships.

3.     Avoid assumptions.

Do not assume that your co-parent knows that you appreciate how hard she’s working to make ends meet. Tell her. Regularly.

As kindergarteners have been told for generations, remember to mind your P’s and Q’s.

Please.

Thank you.

Please comment below — I would love to hear from you!

LINKEDIN USERS:  LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. If you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers who might be dealing with divorce can benefit from your ideas and reactions? Thank you, thank you, thank you!! 

vector drawing of man and woman showing different modes of thinking

3 Divorce Mediation Tips: How to Deal with Family Problems

in , , , ,

Echos of a divorce mediation:

She doesn’t get it!

He’s SO emotional.

All they’re going to do is talk about their FEELINGS.

She’s SO patronizing.

All he’s going to do is talk about what is LOGICAL.

Can you relate to arguing with someone whose brain operates in a fundamentally different way than yours?

Common Dynamics in Family and Divorce Mediation Sessions

In a recent co-parenting mediation I experienced this very dynamic.

She felt condescended.

Like she wasn’t being heard. Not taken seriously.

He felt overwhelmed.

Like he was being dragged in to her turmoil. Not dealing with the problems at hand.

During a conversation about visitation, she kept telling him how his refusal to answer calls was infuriating. She was sick of being ignored, and having her requests constantly denied.

He kept telling her how he couldn’t answer her calls because she would talk endlessly, and how listening to her was exhausting. He was sick of her nosy questions, and receiving calls from her multiple times a day.

To solve the problem they had been resorting to familiar tactics:

She made a greater effort to explain how she was feeling about the issue.

He made a greater effort to put up walls and deny her calls and requests.

How well do you think this worked for them?

That’s right…NOT AT ALL!

They were increasing the use of the very strategy that was causing problems for the other parent.

How I Used Divorce Mediation Strategies to Change the Dynamic

As you might guess, it made the situation a whole lot worse. To help, I did three things:

  1. Find a way to speak each other’s language:

I explained how their brains’ worked differently. She operated from a place of emotions and he from a place of logic. It was as if he was speaking French and she Spanish. In order to communicate effectively they needed to find a way to speak the same language. Appeal to someone who is emotional through emotions. Likewise, appeal to someone who is logical through logic! Worst case, use me as the translator.

  1. Accept who each of you are – it’s not going to change:

I explained that if they were still trying to change one another they were destined for failure. After all, if changing one another could work, they probably would not have divorced.

  1. Find ways to get what you both need and want:

I summarized what I was hearing, and asked: “She wants to be able to communicate with you and make decisions together, and he wants to make sure that he doesn’t have to justify himself, or get stuck in an endless circular conversation. Is it possible to meet both of your interests, and find ways to discuss visitation that leads to decisions and doesn’t require either of you to explain yourself?”

Sounds Good, But Did it Make a Difference?

By the end of the session, they agreed to a new plan.

He was skeptical that she would not question his reasons for things. She was skeptical that he would not say “yes” to her requests more often.

But they were both willing to try.

By using me to translate, accepting (rather than fighting) their personality differences, and trying to address their interests, they took the first steps at changing their long-standing narrative.

As I told them, “You are who you are — you can fight it, or work with it.”

Accept that fact, and you are already on a better path.

In what ways has it helped to “accept” the differences of someone else in your life? Please share!

a family quarrel divorce parents and child

How to Love Your Kids More Than Despise Your Ex

in , , , ,

There is a family judge in Massachusetts who makes decisions for children of divorce every day. She has a sign hanging on her door that reads:
Do You Hate Your Ex More Than You Love Your Kids?

Provocative question, right?

You might be thinking “of course I don’t — that’s just ridiculous!” Maybe you are even offended by the suggestion.

So why then would a judge so brazenly post this message?

After all, the chances are that if you are separated or divorced you are working hard to do the best you can to protect your kids from any harm stemming from the breakup. Your intentions are probably in the right place.

Sadly, sometimes intentions are not enough. Too often negative unintended harm comes to children of divorce because of the conflict, tension, or even ill will that exists between exes.

How Parents Make the Effects of Divorce on Children of Divorce Even Worse

Since this article started by posing the judge’s provocative statement, let me ask another provocative set of questions: If divorced parents love their kids more than hate their ex, then why do so many co-parents…

  • Complain on the phone to their friends about their ex within earshot of the kids, or….
  • Fail to buy a Mother’s or Father’s day card for the child to give to the other parent, or…
  • Dig for information from their child about the other parent’s social life, or…
  • Roll their eyes when the child tells them about something the other parent said or did, or…
  • Ask the child to choose between attending an activity with Mom or attending another equally enticing activity with Dad, or…
  • Have their child pass messages on from one parent to the other parent, or…
  • Argue at pick-up and drop-off with the ex, or…
  • Fight endlessly over a parenting schedule leaving the child in uncertain limbo about the future plan, or…
  • Litigate endlessly to stick it to the ex, or…

Before you react defensively please take a breath. Seriously. I am NOT suggesting you are a bad parent if you can relate to any of these examples. These are common behaviors among divorced parents and let’s admit it, the judge’s question contains quite a bit of hyperbole. But it certainly got your attention, right?

How Parents CAN Decrease the Negative Effects of Divorce on Children of Divorce

Now, let’s do a reframe. Let’s say that it is clear that a parent loves their kids more than they hate their ex, and we know that because they:

  • Make sure to never complain about the parent within earshot of the children…
  • Go out of the way to make sure their child honors the other parent’s birthday and Mother’s and Father’s Day
  • Never use the children as a source to get information about the other parent…
  • Listen attentively and without judgment when the children are talking about the other parent…
  • Never ask the children to choose between Mom and Dad…
  • Communicate directly with the parent rather than having the children pass messages back and forth…
  • Behave politely with the other parent during pick-up and drop-off…
  • Establish a parenting plan in a timely manner that is geared to the child’s best interest rather than the parent’s…
  • Improve communication and decrease conflict by working with a divorce mediator, rather than litigate…

The bottom line is that kids of separated, divorced or never-married parents are hyper-aware of and sensitive to the relationship dynamics between their parents. When you get angry, frustrated, exasperated, furious, indignant and outraged at your ex, please remember this:
You Love Your Kids More Than You Hate Your Ex!

Remembering this could be the best thing you’ve ever done for your kids.

Please REPLY below to share other strategies that can minimize the negative effects for children of divorce!

Jack Russell listening with one ear up

Shut Up To Improve Communication Skills! Marriage and Parenting Advice From a Family Mediator

in , ,

I used to interview prospective staff for a residential treatment program before I became a family mediator.

Whenever I asked them to describe qualities that would make them a good child care worker I was invariably told something like, “I love to help people and I’m a GREAT listener.”

Yet, when I would walk in to a room while they were working with an upset resident I would hear their voice more than that of the student.

Hmm. Curious.

Do you know folks like these newly hired child care workers who proclaim to be great listeners but don’t act the part?

I bet you do.

Haven’t you noticed that lots of people who declare themselves to have great listening skills tend to:

  • Dominate conversations
  • Interrupt
  • Talk about themselves…a lot
  • Make assumptions about the other person
  • Give advice very quickly
  • Repeat themselves…repeatedly

Great listeners?

Nope.

These folks are great talkers!

A Truth About Communication Skills

Here’s the rub.

Talking at someone has nothing whatsoever to do with listening to someone.

The two are not even in the same ballpark!

Yet for some reason good talkers usually think they are good listeners.

These great talkers may like to help others.

Take the child care workers.

When they would tell me in their interviews that they wanted to help kids and were great listeners they were speaking from the heart. They truly meant it.

And when I talk about my dream of playing shooting guard for the Boston Celtics I mean it too! But just because I am motivated to play for the Celtics, I don’t have the shooting, passing or dribbling skills to pull it off (and if you know me, you’re probably laughing).

Helping requires skill too.

And one of the fundamentals is listening.

Listening is a skill that can help people far more powerfully than any amount of chatter.

Even if it’s well-intended chatter.

Look, let’s be honest with ourselves. Almost all of us from time to time could listen better. That goes for this divorce mediator as well!

Sometimes thinking we are a good listener is really code for being a great talker!

My Family Mediator Listening Litmus Test

If you hear yourself utter any of these phrases, consider them warning signs that your listening skills are of the talking variety.

  • That happened to me when I…
  • You know, all you need to do is…
  • You’ll be fine…
  • Oh, you’re not going to believe what happened to me last week…
  • That reminds me of…
  • I have a friend who went through the same thing and she…

See Yourself Here? How To Improve Communication Skills That Will Help Your Marriage and Parenting

If any variation of these type of statements come out of your mouth try one of the following tips:

  • Shut your mouth! Seriously, STOP talking!
  • Don’t assume you know what is going to be said and keep an open mind
  • Don’t interrupt
  • Ask a question for clarification purposes…only after the person pauses first
  • Remind yourself that “it’s not about me right now” and focus on the other person
  • Remember how crummy it feels when someone talks at you when you just need someone to listen
  • Focus all of your energy on what the other person is saying, not on your watch or someone across the room
  • Do not impose your solutions on the other person — if they want your suggestions they will ask

And then, after all of that, pause for a moment.

Take a breath.

And then take pride that you truly helped your kid or spouse.

What other suggestions do you have to improve listening skills?

If you comment below I promise to LISTEN, just as any good family mediator should!

LINKEDIN USERS: LinkedIn does not have the capability for your comments on LinkedIn groups to appear on the original blog post. if you are commenting on a LinkedIn group would you mind copying the comment directly on to the blog so my other readers can benefit from your ideas and reactions? Thank you for reading and commenting on my family mediator blog!

 

divorce concept, child hand-off or co-parenting, cartoon mother handing off child to father

4 Key Strategies for Successful Co-Parenting After Divorce

in , ,
About the Author
Rosalind Sedacca is a divorce & parenting coach, author, and expert in child-centered divorce.

Co-Parenting After Divorce

While divorce can seem like an overwhelming obstacle, for many parents it is just the beginning of a new and equally intimidating challenge: co-parenting your children. Hopefully, if you’re reading this you are still involved in your children’s lives, and hopefully co-parenting. I write under the assumption that you both care deeply about your children and trying to raise with them with as little exposure to conflict as possible.

Of course not all parents can share the parenting process in this way and for some couples it is not the ideal situation to even attempt it. But those couples who are determined to co-parent and choose to live relatively close to one another so as not to disturb the school, sports and other related schedules of their children, certainly deserve credit and acknowledgement.

This is a complex topic that can’t be glossed over with a few simple how-tos. It is based on sincere levels of communication and a sense of trust between the former spouses. When handled with care, your children enjoy the security and comfort of being with their other parent when they are not with you. You are less dependent on strangers as caretakers in their lives, and that is a win-win all around.

One of the best things you can do for your children is to transition smoothly to co-parenting with your former spouse. It won’t always be easy and there will certainly be challenges along the way, but here are some things to remember that will help make your new co-parenting relationship work.

• Don’t bad-mouth your ex around the kids, ever! If kids ask questions, give them age- appropriate answers that are honest but not judgmental. Kids are hurt and feel guilty when the parent they love is put-down by their other parent.

• Always offer your ex the opportunity for special times with the kids – before involving a new relationship partner, i.e.: taking your teen for their drivers test or tryouts for a new sport.

• Prioritize Mom and Dad being together for special occasion: celebrating birthdays, graduations and other significant events. Be considerate of one another as co-parents to eliminate stress so your kids can enjoy a sense of family.

• You and your ex won’t agree on all things so decide to pick your battles regarding parenting issues. Determine what’s worth discussing and what you can’t control and need to release.

When you ignore any of these basic communication principles, you set yourself up for conflict, jealousy, stress and tension. Breaking these rules sabotages your sense of trust with your ex and that opens the door to mind games, retaliations and discord for everyone in the family. Remember: when that happens, your children are the ones who pay the price!

Be the hero in your relationship with your children’s other parent. Cooperate. Collaborate. Be flexible and do favors. You are much more likely to get them back in return.

Ben Stich Mediator, LICSW, M.Ed

Services

Contact Us

Schedule a Free Mediation Consultation.

Contact Ben

Schedule FREE Consultation