Many family experts talk about the different parenting
styles between mother and father. They talk about the nurturing and protective
nature of a mother and how the father allows independence and exploration.
Though I never formally studied this area, my own experiences and observations
lead me to believe this idea. I think because of these differences in parenting,
this is one of the factors that causes angst with custody after parents split.
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When parents live together, they tend to work together
whether it is a conscious effort or not. The mother is protective and tries to
keep safety paramount. That's not to say a mother cannot foster a sense of
adventure and independence. But my sense is there is a more heightened concern
for safety and security. The father seems to allow a child a greater deal of
autonomy; even at the youngest ages. That's not to say fathers place their
children at high risk of being harmed. But I think fathers will wait a little
longer to see if the child identifies a risk before intervening. Together, parent
seem to offset each other. Mother's reel kids in when fathers allow too much
adventure and fathers push the envelope when mothers are being overly cautious.
These roles and this balance, whatever it is, develops from the time the
children are born.
(I realize these are
broad generalization and do not fit every family. And I am not trying to offend
with this entry. Read on because even if you disagree with my generalizations,
I think some of my logic follows for couples filling the roles differently)
When parents separate, this balance is disrupted and just
adds tension to an already traumatic event in the parents' lives. They are
already angry, mistrust each other, and hurt. Then, they are forced to share or
divide the most precious part of their lives, their children. The most
upsetting point is when the parents realize they have lost most of their
influence over the other parent while he/she is exercising custody. I have met
very few mothers who truly believe their ex's can properly care for their child
without instructions from them. Many fathers feel mothers can be
over-protective and intrusive when they have custody. When the parents
completely ignore the others concerns and desires, it becomes a flashpoint.
If parents fail to understand and accept they have lost
significant control of the other party's parenting practices when that person
has custody of their children; if parents fail to recognize that the balance is
off and they need to find a new balance and lose to sight of the fact they
still need to co-parent in their new relationship; if they find they cannot or
decide not to cooperate with each other to raise their children; and/or if
parents act on their own emotions only, then they the run the risk of
committing themselves to years of litigation and thousands of dollars in
attorneys fee. And ultimately not providing a better environment to raise their
children.
I'm not suggesting one parent should not intervene through
the legal system if a child is in real danger or at significant risk because of
the other parent. But the court does not want to get involved with a true
difference of opinion on parenting.
When my clients talk to me about concerns they have about
the other person's parenting, I try to shift the focus from the objectionable
activity and on to the probable effect on the child. If the activity is not harmful and has no
real negative long term impact on the child, chances are a court is not going
to intervene. As a result, any emotions and resources spent on the issue are a
waste and could be counterproductive for both parties.
If there is an issue that is just a little more serious, the
court may intervene. But parents in Pennsylvania need to keep in mind the
courts' preference is to divide custody as equally as possible. So the court's
intervention will probably be minimal. As a result, the return on any efforts
will be much less than desired.
With all this stated, I understand some people are just
jerks and so selfish that they will use their children as a tool to agitate
their ex-partners. Unfortunately, there is not much one can do to correct a
poor personality. In fact many times any efforts to do so only encourages
continued antagonistic behavior.
While it is not always possible, I encourage clients to
negotiate as many issues as they can with their former partners and only litigate
what they must. My goal for my clients is to establish the new balance as soon as
possible so they can put the fighting behind them and refocus on the important
task of co-parenting their children. Without building a new balance in their
lives, a couple risks years of emotional distress and a significant financial burden
in attorneys’ fees.