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Feelings when you split custody with your ex

irishtwins1617's picture

Hi StepTalk!

This isn't a post about legal advice for seeking custody - this is a post for any parent who is currently going through a custody "battle," or pondering whether they should.

I am in the pondering stage - I am not in a good relationship, I already know this.  I am unhealthy from a lot of the negative aspects of this relationship, which means I would probably be a better mother to my children if I was in a new situation and away from my partner.  This is not to say I don't try to be a good mom now- I just mean better emotionally. 

However, I just cannot bring myself to leave because I am afraid of the custody part.  I am not someone who is here to bash my partner (because I would like to work it out, but through the several years we've tried alternative methods to make it work, it just won't).  I'm not here to say that I think my children should not have a relationship with their father, and I'm not here to try and scheme to try and make sure they don't see him...I just want peoples' experiences about the whole thing - how to get over feelings of jealousy, worry when your kids aren't with you, if it'll affect them negatively, etc.

They are currently 1 and 2, with my oldest having autism and daily therapy.  I am, and I'm being honest with this, their primary caregiver regardless.  I do everything for them, with their dad spending a lot of time with his other two children, having a demanding work schedule, and not really interacting (besides helping to feed and change diapers once in a while from the couch while he's watching TV) with them on the level they need right now.  My oldest also has sleep issues and is up every single night, with me, because Dad has admitted he can't get up and will sleep through his bad dreams, crying and screaming. 

I don't think their best environment is with him overnight right now with their needs - although I would be open to them visiting him a few afternoon/evenings a week.  Is this a ridiculous thought? Does this get better?  Anyone have any good, or bad, custody experiences they want to share? 

 

(I understand this isn't specifically about being a step mother or about my step kids (although I am worried about their behavior around my youngest two if I'm not around because they've put them in dangerous situations when their Dad is supposed to be watching them)).

juststressedbeyondbelief's picture

You're the mother, I don't think you should be afraid of custody unless you've done something wrong in the past. (Something of public record.)

irishtwins1617's picture

Yes - absolutely not; I haven't done anything "wrong" or illegal - I just meant afraid as to what the judge/court would decide is the best custody schedule.  (He currently has every other day with his two that are 11 and 12 years old, and it's basically them living out of a suitcase and dropping off/picking up our whole life- I don't want that for my two).  Thanks for replying!

justmakingthebest's picture

Ewwww! That is a terrible schedule! I am all for 50/50 but it should be every other week. Daily rotation would be so hard on everyone!

bananaseedo's picture

Parents that choose this stupid schedule piss me off so bad-it is done for NO other reason then the selfishness of the parent.  

irishtwins1617's picture

Thank you! I’ve tried to reason with Dad but he doesn’t want to hear it. I wouldn’t want to alternate like that if I was a kid, although I’m sure they are just “used” to it by now. I suspect as they become teenagers, they will have more to say. 

justmakingthebest's picture

Chances are with their ages right now, he would get them every other weekend. In a couple of years if that is going well, he could get 50/50 if he wanted it.

I split with my exH when my kids were 2 and 3 yrs old. I had been a stay at home mom until recently at that point. He was military and highly deployable. He barely knew our kids. Even married, he really was only home a few days a month. 

It was really hard to let them go in the beginning. They were my world. My life revolved around them! I was certain that he couldn't do anything right. 

I was wrong. He is a good dad and honestly he finally got his chance to shine once we split. He HAD to step up, whereas I would do everything before. He never changed a diaper. He never woke up in the middle of the night. He never dealt with a sick kid- because I did it all.

They have a great relationship now It has been almost 10 years since we split). I had to let go of thinking I could control things though. We co-parent great together now, but it did take a couple of years to figure out what worked for us.

We are good at keeping each other updated if anything happens, we maintain similar structured homes so there really isn't a huge transition when they go back and forth. I know that not everyone is as lucky as I am (because it certainly isn't that way with SS14 and BM!!) but if you actually both work together and put your marriage shit off to the side and focus on them, and how they are going to be strong, independent, capable members of society one day- you can make co-parenting work and it really isn't that hard.

irishtwins1617's picture

Thanks for your honesty- you're right, there is a very good chance he could definitely "shine" as a Dad when he has to, I don't know.  I guess it's just the not knowing that is hard- I would feel terrible if I put them in a dangerous or bad situation with their Dad and I wasn't around to help them.  I know I have to think past that, but as a Mom that's impossible sometimes. So glad your situation sounds like it worked out for the best, for everyone!  If he was in the military, what was the custody schedule like in the beginning?

justmakingthebest's picture

He changed career fields when right before we split, he had gotten hurt and couldn't stay in what he was doing. We did every other weekend and Wed. night dinner to start. Once our oldest started kindergarten we started doing every other week for the summer.
 

About the time we would have moved towards a closer to 50/50 he moved 3 hours away so we went to 1 weekend a month (due to the commute) and he got bigger chunks of extended holiday's (3 day weekends from school, he got two 4-week visits over the summer that were broken up by a 2 week at home with me, Dec 26th- the day before they were back in school- he is Jewish so I always get Christmas, every spring break...)

Then last year he moved to California (3,000 miles from us)- Now he gets All summer (7 days after school is out to 7 days before it is back in session), spring break, Thanksgiving week, Dec 26th- day before school is back in session, and any time they are here in town they have "open and liberal visits". 

tog redux's picture

Your best bet is to try to make a custody arrangement with him when you split, rather than letting the court decide. If you are able to split amicably and he's not a vindictive jerk, he might be fine with the limited amount of time you are suggesting, since they are so young and he struggles with them.

I've had two friends who used the same attorney as their spouse when they got a divorce and just decided amicably on custody schedules. My guess is that if you don't try to "keep the kids away" and instead make the decision with him, he will go for what you want, because he doesn't necessarily want them half time right now anyway. 

Normal people who aren't high conflict often have Court Orders that say, "visitation as agreed upon by both parties" and that's it. 

Steppedonnomore's picture

I was also going to suggest that you try to work something out that your husband will agree to, in writing, before going to court.  Perhaps it can even be noted that the custody issue will be revisited every couple of years since he may be willing/able to be more involved as the children age.  Perhaps this could be done in mediation prior to going to court?

Harry's picture

It puts the kids in a terrible place.  The adult parent did not do what’s best for the kids, but what best for themselves.  With him having a demanding work schedule, How does he find time with his other kids ?    Are you raking care of SK when DH is working. ?   How is he going to find time to care for a such young kids. 

irishtwins1617's picture

I've been with him for many years (since the step kids were 2 and 3), and yes I have taken care of them many times when they were younger during summer breaks or when he is working.  Their grandparents also help out a lot too, because neither Dad or Mom can really handle every other day.  They made this agreement when the kids were so young because neither one of them wanted to be away from the kids for very long, so they figured this would be less "painful" than going a whole week without seeing them. 

However, it is so hard!!  Dad even left me in the hospital hours after I had our first child together because it was his turn for the every other day schedule and took his kids out for pizza while I was in the hospital with a newborn and no sleep.  (that was a dark moment in my life, because although I was overjoyed with my baby, I also realized I was very alone, if that makes sense). 

I agree, I don't think he will find the time to take care of two very young kids, one with special needs, on top of the demanding sports schedule of his other two kids, and his work.  I am hesitant to leave because of that, and sometimes just suck up the unhappiness so they can continue to have a schedule-free, normal routine with both parents in the house (although one is technically rarely home). 

notsurehowtodeal's picture

The court will not decide the custody schedule unless you and DH can't come to an agreement. Most of the "back and forth" in a divorce is handled prior to court. If you can agree to everything in advance, court is nothing more than a signing of papers, you might not even have to appear.

Look into "collaborative divorce." If you can start the process in a non-adversarial way, it can go a long way to the two of you being able to work things out yourselves. There are lawyers who specialize in collaborative divorce. Google for it in your area. If it doesn't work, you can always shift to a more traditional mode.

To be honest, since you are the mother, your are going to have an edge in the process. Try and stay logical and look out for the best interests of your kids and you should be fine.

bananaseedo's picture

I stand by it- 50/50 is best...week on/week off-regardless of age IMO.  And these kids are older also-so it's idiotic to do a 2-2-3 schedule.

I stand by the opinion that parents do this in THEIR best interest and because 'they' can't handle being apart so many days-it is never ever in the best interest of the kid to switch back/forth like that-regarldess of having suitcases or not.  I've talke to quite a few kids w/this schedule that absolutely hated it.

irishtwins1617's picture

Yes, my step kids are older, both in pre-teen mode, so a lot of times they just want to be in their rooms playing video games and on their phones.  I do think they would like week on/week off better, because they have very demanding schedules anyway, that most nights they don't get here until after 9 or 10 PM, go right to sleep, and are up again at 5:30 just because they are "supposed" to be here according to the schedule, when it is so much easier and closer to be at their mothers house on certain nights. 

Every other day schedules are very chaotic for all of us, for many different reasons.  I do suspect that when the grandparents are not able to be apart of the pick up and drop offs and babysitters anymore (they are in their 70s and slowing down considerably), this schedule might really be a wake up call to the parents.  I don't know.

My whole point in saying this is because I have lived it, and I do not support every other day.  I honestly, because I am venting a little, don't even support it for my two toddlers right now.  My oldest has daily therapy, and does better with structure (that partner doesn't provide) and other needs that my partner cannot handle, and never has shown an interest in trying to handle. 

My lawyer (I have been seeking advice without him knowing) has a lot of confidence that if it has to go to a court decision, it would either be every other weekend at best or a couple evening visits a week - does anyone have any experience with their lawyer telling them something, and then it does or doesn't happen?  I am all new and fairly ignorant of the custody process, and not trying to be a Dad hater here, either. 

I would definitely be heartbroken not seeing my children every night.  That is a hard pill to swallow, and part of the reason why I started this whole discussion- I am trying to weigh what is best for everyone and really appreciate everyone giving me their opinions and advice based on what they know/experience. 

ndc's picture

My DH's custody schedule says every other week, but the skids were 1 and 4 at the time, and EOW did not work well for the kids, especially the 1 year old.  DH and BM decided on their own to move to a 5/5/2/2, and that worked much better for the kids and it's what they still do (skids now 7 and 4).  I can't imagine switching every other day (what a nightmare!), nor could I imagine a very young child going a whole week without seeing the other parent.  I do think the skids are of an age where they could move to EOW now if they wanted to, but they like the current schedule.  5/5/2/2 is easier in terms of being able to plan extracurricular activities for a particular weekday and not having to rely on the other parent getting them there, but EOW is easier in terms of planning a week-long vacation.  

My DH's whole thing in the divorce was having the kids as much as he could - he says he was also heartbroken about not being with them every night.  He got over that, and actually appreciates having a break. I don't think he ever thought that would be the case.

flmomma08's picture

I am going through this right now and I completely understand your fears. I thought for a while that I was just going to stay with DH and be miserable because I don't want to lose time with my kids and I'm also terrified of something happening to them when I am not there. I haven't gotten to the custody part of divorce yet so I don't really have any advice but I really feel for you. It is scary, especially when you are the primary caregiver.

On a side note, while DH and I were still together, he did the every other day schedule with SD in the beginning and it was completely insane. I can't believe any judge would even agree to such an arrangement. They eventually moved on to every other week which was much better but I can't imagine only seeing my own bio kids every other week.

Rags's picture

Anxiety and worry over your child being away from you during NCP visitation is natural.  My bride went through this for a number of  years early in our marriage.  My SS-27 is not special needs and my bride still struggled and still does.  

Like your SO, the SpermIdiot was notably uninvolved with my SS.  His interest was and has always been in breeding and not in raising the army of out of wedlock spawn he has created (4) with several baby mamas (3).  He pawned the raising of his  youngest three off on SpermGrandHag and she and SpermGrandPa paid his CS obligation for my SS and for the SpermIdiot's half of visitation travel costs for the entire 16+ years we lived under the Custody/Visitation/Support CO.  Over the 7 weeks of visitation he was given in the CO (5wks summer, 1wk winter, 1wk spring) he rarely saw SS for more than a few hours each visitation.

Unfortunately even complete waste of skin morons are given visitation time at least and sadly even more often get joint custody.  However, they still have rights to time with their children as defined in a CO.  So, quality parents have to suffer the anxiety and worry when their children are forced into the presence of dipshits.

In my bride's case, though it faded significantly over time, the anxiety never entirely stopped and even now that SS-27 is an adult there is worry when he visits his SpermClan.  After all, they are still the manipulative toothless dipshits they have always been.  Sadly, a leopard does not change it's spots.  Ever. The good news is that quality parents tend to have much more influence over the outcome for their kids than the dipshits have.  In our case, that has held true. SS is a man of character and standing in his life in spite of the influence of the shallow and polluted end of his gene pool.

As SS got older and was increasingly able to care for himself and protect himself from the toxic manipulations of his SpermClan my bride's anxiety moderated.  As will yours as your children grow up.

Good luck.

Deep breaths and take care of you.

 

irishtwins1617's picture

Thanks for this post, this does make me feel better, to a point.  I am glad your family seems to have gotten everything worked out and your step son seems like a well rounded person, despite of other family influences.  I think as parents we never stop completely worrying- actually, I know this is a fact since my mother is a prime example, and I'm in my 30s!  However, I think I am stressing so much about this because my children are so young. 

I completely understand the idea that a child would thrive best in a situation where each parent was involved 50/50.  I think that theory has a lot of basis when both parents are involved, positive, ideal people.  I just don't see my partner being that in this moment. 

Just this weekend I was sitting with my two year old reciting math facts (very basic, but he knows simple addition) and my partner walked up, asked him what was 1 plus 3.  My son said 2 (because, again, they are very basic and he's only 2 and also autistic!) and my partner called him a "dummy." 

I don't think this is acceptable, but he only laughed about it.  My point is I DON'T think a child does best with both parents 50/50 in every situation, and I just don't know how to ensure that this won't be the case.  My partner is emotionally abusive, and it starts to show all the time towards my two little ones (and also, although more minor than he shows it towards me, to his other two kids as well).  He just wasn't very blatant about it when I first met him, or else we probably wouldn't be where we are right now. 

Your wifes family sounds like they aren't the most colorful flowers in the bouquet either, and I understand that we don't have control over everything in life, but I guess right now I'm trying to weigh if it's better if we stay together so I have more control than I'd have if I went through with separating. 

 

Thanks for your post!

Rags's picture

Lol. Hey, I am 55 and my parents still worry about me and my 49yo baby brother.

That is what good parents do. Even when it is not necessary.

The verbal abuse from  your DH is unacceptable.  I applaud your getting prepared to protect your children if it comes to a divorce.  Commenting on a kid brain fart and degrading that child are two very different things.  Your DH obviously pushes it to beyond acceptability.

As for my ILs... no, they are not the sharpest tools in the shed when it comes to their life decisions.  They are decent people though.  Something my SS-27's SpermIdiot is not.  Sadly, the three younger SpermIdiot spawned half sibs by two other baby mamas are following closer in the the SpermIdiot's foot steps than I had hoped.

One option you may want to consider if you are leaning in the direction of divorce is taking your children to visit family out of state and not returning.  Have your attorney file the papers while you are on the airplane.  Once you are out of state you may have and retain some significant advantages in maintaining primary custody of your kids.

Though it was not a cogent strategy for my bride at the time, it worked out well for her.  She was awarded full physical and legal custody of her son as a single teen mom.  When she left the state to attend university she took SS with her.  The SpermIdiot and SpermClan never said a word until the small town SpermLand grape vine started humming about her dating someone.  Then the SpermClan went ape shit and filed for custody.  Though the risk of them being successful was low it was an emotional and financial strain on my wife. But... she got an attorney and started smacking them about the head and shoulders with the CO and her status as the CP with full legal and physical custody.  Eventually after much positioning, delaying hearings to jack up the financial strain on my wife, etc, etc, etc... she nailed them to a court date and proceeded to protect her son from their crap by baring SpermIdiot ass in front of the judge and detailing every sordid little piece of crap he had ever pulled since he perpetrated statutory rape against her nearly 3yrs before.  She retained her status as CP with sole physical/legal custody and minimized visitation for the SpermClan to 7wks a year instead of the custody, then 26 weeks of visitation, then 15 weeks of visitation the they adjusted to offering as they got their asses kicked in court.

After the Judge issued his ruling and we were all walking out of the court house their attorney approached my wife and informed her that his clients were lowering their offered visitation from 15weeks down to 9 weeks. My bride laughed in his face and told their attorney to advise his clients to read the Judges ruling because that was all they were getting.

For people who wanted custody they neglected the Skid when he was on visitation to the point that he would leave for visitation and happy, communicating, mostly toilet trained clean toddler and come back a shrieking, babbling, stinky, grungy waif.  It was infuriating. Particularly when we petitioned the court to end visitation by providing the judge with Doc reports on the Skid's condition upon return from SpermLand visitation and pictures of half inch long finger and toe nails, puss filled welts on his butt from being left in a loaded diaper for days, a bleeding anus from raw seeping diaper rash, black sludge in his inner elbows, inner knees, around his neck in his waste band area, and nasty breath from teeth that had not been brushed since we sent him for visitation.  

Rather than ruling in the best interest of the Skid and to protect him the Judge spewed the usual gutless crap of "Any child would be blessed to have the love and support of this fine family."            

 

Bad     Bad     Bad

 

Prepare, get a great attorney, and do the things you need to do to protect your children.

Good luck.

Rags's picture

We tried to purge them from SS's life. The courts did not agree and actually ignored the criminal neglegence they perpetrated against SS.

So, we adopted the zero tolerance destroy the SpermClan model any time they twitched out of compliance with the CO.  We figured out how to use the courts to our advantage since the courts were too inept to actually make the right decision and protect SS from their neglect while he was on SpermLand visitation.

SittingPretty's picture

Do you think he would actually want or could handle 50/50? Are you a stay at home mom right now? If so I think the courts would be biased in your favour if you did split. I also think that your child being special needs might sway things in your favour, as he would probably struggle more with being away from you?

I ended up with 50/50 custody when my daughter was around 3 after a 2.5 year custody battle. My ex is a POS and I hated her going to his place and worrying about whether he would look after her properly. In the end he surprised me and did better than I anticipated but I’m glad his custody was limited until she was a little older and more robust. 

Some men seriously step up the plate when they have to. The fact that he didn’t miss visitation with his other kids is crappy for you, but at least means that he takes his responsibility as a father seriously, which bodes well for your children together.

I went back and forth on this too, but in the end, couldn’t face the total misery with my ex. I’m a better parent without being in a relationship with him. Children are more robust than you expect. My daughter is very well adjusted.