“The Fine Print”, by Michael Schrader

 

THE DARK SIDE OF DIVORCE

 

(Written and posted 01 December 2009)

 

 

When I got divorced, I had to take a class called “Helping Children Cope With Divorce”.  There are two very important points that are emphasized in this class.  The first of these is that a child has two parents, and whenever possible, both parents will be given joint custody, which means that both have equal access to the child and an equal say in how the child is raised.  The second is that no matter how the parents feel about each other, the parents should never ever use the child as a weapon against the other.

 

When my divorce was granted, I was given primary custody of the children, which means that they live with me.  It does not mean that I can do whatever I want with the children, regardless of my ex-wife’s wishes, because we have joint custody.  If I decide to move out-of-town with the children, my ex-wife has every right to block me from taking the children with me, as to move requires putting the kids in new schools, needing new doctors, and living in a new environment; in other words, it would affect how my children are raised, and I cannot make that decision single-handedly.  They are my ex-wife’s children, too, and she has just as much right as I do to say how they are raised.  Although my children live with me, she has just as much right to see them unrestricted as I do, as long as she gives me the proper notice.  While there have been some rough patches since the divorce, all in all our arrangement is working the way that it is supposed to, as my children see both their parents often.

 

The hard part, for both of us, is restraining ourselves in the others’ affairs.  From our split until I remarried, my ex-wife and I couldn’t stand to be with each other for more than five minutes.  After that, it inevitably got nasty and hateful.  We both felt betrayed and hurt by the other; we both had our grievances, real and imaginary, against the other; we both disliked each other’s new partner.  I know that it would make my blood boil knowing that my children were around “Him”, and I suspect that she felt the same way about “Her”.  I can only speak for myself here, but I can see that “He” makes her happy, and when she is happy, she is a better mother to the children, and since “He” is kind to the children, then it is a win-win-win for all of us.  As painful as it has been, I’ve had to let go of my over protectiveness and trust that she will do right by the children, even when I do not agree with her methods.  I pray that since the status quo seems to be working well, that neither one of us let our emotions get the better of us and screw it up.

 

One thing I will say for my ex and I is that even when we were married and would get into nasty fights, we always knew to stop before we completely destroyed ourselves or the children.  I thought that every parent exercised the same self-restraint, but over this weekend I found out that I was horribly wrong, and it will be a very painful mistake to fix.  My wife has a similar joint custody arrangement with her second ex-husband for their son.  At the time of their divorce, he had a better job than she, so he had primary custody.  Except, in his mind, primary custody means that he has total control over everything and that she has no say.  In the sixteen months that I have known her, he has allowed her to have her son four times.  He has moved, remarried, moved again, tried to move out-of-state, and never has he let her known what he was planning; he just did it.  She has tried to call, and he won’t let her speak to her son.  She has tried to see her son, and he has refused, because he has primary custody and he has the say-so on who sees his son.  Forget about what is right for the child; it’s all about punishing his ex-wife.

 

Right after we got married, he asked if we could keep him until the end of the year, as he was moving and needed to get back on his feet.  We gladly accepted.  For the past month, my wife and I have been blissfully happy, as our family has been whole.  Over Thanksgiving, her second ex-husband was becoming obnoxious in his insistence that he should see his son.  Being as we were trying to do right by her son by allowing him to see his father, if just for the few hours he was passing through Oklahoma, we acquiesced.  On Sunday, we drove the two hours from our house to Stillwater, and dropped him off at the house his father was temporarily staying.  We were heartbroken by what happened next.  Two blocks away my wife received a message from her ex-husband – “Go home, I am keeping him.”  We immediately called the police and turned around.

 

My wife was hysterical when the police arrived.  She was so inconsolable, that the police asked her to sit in the car.  They talked to me, and I explained the situation, that the boy has some medical issues that we are trying to get resolved, and that we really need him back.  Twenty feet away was her ex-husband, with a snug look on his face.  He basically told the officers to piss off, that he had joint custody, and he was keeping him.  When the officers relayed the information to me, I explained that he was only in Stillwater temporarily and intended to flee, and had been investigated by the Department of Human Services for allegations of abuse.  Sadly, they told me that since it is a civil matter, there was nothing that they could do other than keep a eye on him.

 

It was a long and sad two hour drive home.  My wife was pretty much catatonic the rest of the day.  Monday, we went and explored our legal options.  We learned some things that we would have wished we had known 24 hours earlier, for if we had known, our family would still be whole.  We have been beating ourselves up the past two days for doing the right thing, because if we had not, our family would still be whole.  My wife has now been forced to engage in what will be a very nasty custody battle, one that she had to engage in with her first ex-husband, one that he told her on Sunday night that he regrets.  The problem with nasty custody battles, besides the expense, is that it is a lose-lose-lose.  Each ex-spouses loses, as all of his and her dirt is exposed for the world to see.  The child loses, too, as the child is forced to be exposed to his or her parents’ baggage and warts, and can be psychologically damaged for the rest of his or her life.

 

For the life of me, I don’t understand why any parent would want to put their child through a custody battle.  A child is not a piece of property to be fought over; a child is a thinking, feeling human being who only wants to experience the warmth and love of both parents.  I know that my wife’s situation is not the first time that this has happened, and it certainly won’t be the last.  It is still a tragedy, none the less.  It is a tragedy that a boy whose smile brightens a room, who gets profound happiness out of simple things such as riding a bike, a huge Thanksgiving feast, and throwing a football with his step-uncle, must be subjected to this because of the selfishness and spitefulness of one of his parents.

 

My heart is breaking, and may God help us all!

 

 

 

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