A Dozen Ways Children of Divorce get caught in their Parents’ Conflict : Part 3 : Specially posted for Memphis Parents

One our readers just pointed out that I never followed up on part 3 of  how children get caught up in their parents divorce. Please accept my apologies. Here is the final part of this series.

You can view part 1 of this series Here and part 2 Here.

9.     Child Abuse Allegations

It is becoming common for conflicting parents to express their hostilities by making unfounded allegations of child abuse.  For children the consequences of these allegations are negative and far-reaching.  Children are drawn into evaluations, investigations, and court testimony which greatly increase the risk of prolonged confusion, hurt, and anger.

10.     Custody Fights

Some parents pursue custody fights when they know perfectly well that the real reason for the custody action is to be vindictive.  Children experience custody battles between their parents as extremely stressful.

11.     Child Support

Parents too often use child support by withholding it, demanding more, or making payments late when the real motivation is to perpetuate a dispute with the former spouse.  In many homes children suffer directly when child support payments are not made regularly or when conflict is expressed indirectly in this way.

12.     Using Noble Ideas to Hide Double Standards

A custodial parent might say “i want her to make her own decisions” when a child refused to visit the non-custodial parent but strictly enforce curfews when the same child wants to stay out late.  A custodial parent might say “He has the right to his own feelings” if a child says critical things about his non-custodial parent but lecture and browbeat the same child for “talking back” at home.  Children are sensitive to inconsistencies.  They react to them with mistrust and cynicism.

Thanks go to the Missouri Divorce & Family Law Blog for the original content.

Mother’s don’t automatically get custody of the children in a divorce?

The factors that go into determining child custody in a divorce are many, and are not cut and dry.  Laws in Tennessee and Mississippi provide several considerations for judges to reflect on before appointing one parent or the other as the primary residential parent. One factor is made explicitly irrelevant though: both states refuse to allow the gender of the parent to affect whether or not they are named the primary residential parent:

Tennessee Law States:

“It is the legislative intent that the gender of the party seeking to be the primary residential parent shall not give rise to a presumption of parental fitness or cause a presumption in favor of or against such party.”  -  Tennessee Code § 36-6-412

Mississippi Law Says:

“There shall be no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.”  -  Mississippi Code § 93-5-24 

We have found this especially difficult to get parents to believe, on both sides – as a mother, you are not guaranteed custody simply for being female, and as a father, you are not automatically denied custody simply for being a male.

Do not make assumptions without knowing the laws regarding your case. Contact a good Memphis divorce lawyer or Memphis child custody lawyer today to learn more about the factors that are relevant when determining child custody!

5 Ways Children of Divorce Suffer

While not specific to either Memphis family law or Mississippi family law, I recently came across a post on the Oklahoma Family Law Blog, which is written by family lawyer Dan Nunely, that brought up several points that all parents in Memphis and the surrounding areas should consider if they are going through a divorce. 

The blog referenced an article written by Trish Berg that discussed the losses that children suffer when divorce occurs.  The following is her list of the five main losses children experience during divorce:

1. Loss of Dad – When parents divorce, typically the dad leaves the home, and may not be present much in the lives of the children. This causes an emotional vacuum for the children, and they may feel rejected, alone, and unloved, no matter how much the single parent loves them.

2. Loss of Money – When dad leaves, so does a lot of the money. Economic resource are, at best, cut in half, at worst, single parent families live in poverty.

3. Loss of Security – Kids of divorce often move to a new, smaller home, in a new town, with a new school. They now have to visit their dad. If mom and dad then begin dating, an entirely new stress is added to their lives. Their sense of stability and security is shaken as their world has forever changed.

4. Loss of Harmony – Many kids whose parents divorce feel caught in the middle. The fighting may have stopped, but now Mom may talk negatively about dad, and dad may gripe about mom, all in front of the kids. Parents may play games with visitation, and hold the children as emotional ransom. This loss of harmony causes tremendous chaos and stress for them.

5. Loss of Simplicity – Life for children of divorce can get very complicated. They have to schedule everything they do, and remember what weekends they are visiting dad so they don’t play in a soccer league with games then. They have to split heir holiday time – Christmas Eve with dad, Christmas morning with mom. And when life events hit, they have to worry about mom and dad being in the same place. Who will come to my eighth grade graduation? Will they see each other? Will they fight? Family life is now complex and chaotic, and that will last for the rest of their lives.

What can you do to help your children? Explain to them the process that you are going through. Make sure that they understand that nothing they haven’t done anything to cause the divorce. Never argue in front of them or use them as pawns between your spouse. And try to keep things as constant and familiar as you can. The more things remain the same the more secure your children will feel.