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Pauline Gaines

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Why I'm Glad I Gave My Ex Custody Of Our Son

Posted: 02/11/2012 3:10 pm

When my ex-husband and I decided to divorce, my close relationship with my son exploded almost overnight. "Luca," then six, turned into a piece of property my ex was determined to acquire. My ex did not go after our daughter, and to this day she fortunately has managed to dodge the crossfire.

Unlike most alienating parents, my ex never really wanted full custody. He wanted me to do the care-taking but let him make the decisions. His intrusiveness, combined with my son's combativeness -- he railed against me, my extended family, and my friends -- were exhausting and demoralizing.

A couple years after the divorce, I mused to a therapist my son was seeing for behavior problems that perhaps it would be better for both children if I let their dad raise them. I worried about the long-term effects of high-conflict divorce. Maybe the absence of fighting would be more valuable to my kids than the absence of their mother.

The therapist, who was aware of my ex's alienating behaviors, practically begged me not to give my ex full custody. "If Luca is having these kinds of problems spending 30% of the time with his dad, imagine what it would be like if he was with him all the time."

So I tried conventional wisdom co-parenting tactics in hopes of easing the conflict. Communicating mostly by e-mail. Setting clear boundaries. Directing my kids to speak to their dad if they complained about him instead of getting in the middle. Doing my utmost not to let my frustration over being treated like my children's au pair bleed out onto them.

I didn't realize then that conventional co-parenting strategies are useless in high-conflict divorce.

When he turned thirteen, Luca's non-compliance and explosive rages grew so intense that I felt I had no choice but to send him to live with his dad -- temporarily.

My ex, now remarried and in a position to take on more childcare responsibilities, petitioned for full custody of Luca. I had remarried as well and my husband, who had been through a six-year-long custody battle of his own, urged me to acquiesce. Given my ex's personality, his bottomless pockets, and my son's animosity towards me, my husband felt I was in a lose-lose situation.

So did my attorney. "Just give Luca's dad what he wants," he advised. "Even if you win, you can't force a teenager to see you."

Now, when faced with the imminent possibility of losing custody of my son, I felt I had to fight. Despite Luca's scorn, I knew he needed me. And there was this, the thought that kept ricocheting through my mind:

What kind of mother loses custody of her child?

The minute I shook hands with the custody evaluator, I worried I was toast. "Irv" seemed smarmy and bored and appeared distracted during our interviews. He told my husband and me how much Luca hated us and how much he loved his dad and his stepmother.

My ex is charming and supremely confident. His wife is an accommodating, don't-make-waves kind of person. My husband doesn't stand on ceremony and can be blunt. He told Irv in no uncertain terms that he didn't understand the case, that Luca had been brainwashed by his dad to hate me. Irv and my husband started arguing.

I was definitely toast now.

I consulted with a psychologist I trusted. When she heard Irv was our evaluator, she urged me to pull out of the evaluation. "I'm in a study group with him," she said. "He's lazy, he makes up his mind without interviewing collaterals, and he doesn't understand parental alienation. If his report ends up in front of your judge, it could be damaging."

So I pulled the plug on the evaluation and settled out of court with my ex-husband. I gave him full physical custody of Luca. I retained shared legal custody but in name only; my ex has sole decision-making power over Luca's education, medical, and mental health care.

Although we never went to trial, my ex told people the judge had taken away my custody because I was a mentally ill, unfit mother.

I slogged through my days, unable to sleep or eat. When I passed Luca's favorite haunts, I saw a shadow where he should have been. It was as if he had died, and a part of me had died with him.

In Gestalt therapy, there is something called the Paradoxical Theory of Change. Meaning, when you stop trying to change something, and accept it for what it is, only then can things change.

And change they did. When I gave my ex full custody, the tug-of-war stopped. Luca and his dad no longer had me to blame. They fought bitterly, Luca's behavior worsened, and my ex sent him to wilderness camp.

When I visited him there, Luca told me what he had known all along but never felt safe enough to say. His dad had been lying to him about me for years. He even convinced Luca to sign a document stating he wanted his dad to have full custody and in return promised he wouldn't send Luca away.

"He tricked me, Mom," Luca said, tears streaming down his face. "He was planning all along to send me away. I don't want him to make all the decisions for me. Can't you get custody back?"

I haven't tried, and I don't plan to. Ironically, having me "out of the picture" has enabled Luca to have a more balanced perspective. We are closer now than we have been since before the divorce. And with Luca at a therapeutic boarding school, we are finally getting the family therapy we need to repair our relationship.

Losing custody of my son was the worst thing that ever happened to me. And it was also one of the best.

 

Follow Pauline Gaines on Twitter: www.twitter.com/divorcedpauline

 
 
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07:09 AM on 03/03/2012
That story is beyond sad. I feel sorry for everyone involved.
04:51 PM on 03/01/2012
hi
08:48 PM on 02/19/2012
Pauline, you know from our being in contact after your Salon.com piece that I know just what you're talking about. I'm glad to say that my son, who went to live with his dad when he was 14, and I had a great time visiting last weekend. He is 21 now and we have a terrific relationship--and he is also a tremendously sane, responsible person. It amazes me that, once I got the idea that the only prize worth having was a fantastic relationship with my son, although I lost custody of him, I ended up with everything that matters--his love & respect & the knowledge that he is on a good track.
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divorcedpauline
03:09 PM on 02/24/2012
So happy to know about that outcome, Ginger.
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Mithrall
My inner child is a mean little S.O.B.
12:26 AM on 02/15/2012
It would be nice if even half of the child custody decisions resulted in what's best for the children. Part of the problem is that mothers have this stigma attached to them if they don't fight for and retain custody of all of their children and the courts reinforce that way of thinking with a majority of their rulings. The role of a father isn't ancillary and very few mothers are capable or inclined to fill the role of a father. Personally I don't think I was better off staying with my mother. She didn't play a very active role in my life and when she did it was rarely positive. She had a habit of playing one child off against another. She remarried and stayed married for 7 years to a man who showed his abusive side to her children almost immediately after the wedding. I was a very angry teenager as a result of this and part of the reason I think she finally decided to divorce him is that she knew it was gonna eventually end up in an bloody fight between me and him. Obviously sometimes no father is better than the father you have, often that's the reason for the divorce. There is such a stigma placed on mothers who don't retain full custody that it forces them to play dirty in custody hearings to try to avoid having that stigma placed on them and the lawyers on both sides coach them in the tactics.
01:36 PM on 02/16/2012
And sometimes no mother is better than the mother you have. Fathers are not the only ones who can be bad parents.
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Mithrall
My inner child is a mean little S.O.B.
06:43 PM on 02/16/2012
True enough. I thought my post was kinda making that point already.
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"Mandy Walker"
10:55 AM on 02/14/2012
Wow. I've talked to several women who faced extreme hostility from their ex and opted to give full custody to their ex - it's always gut-wrenching. It's a brave, courageous decision and I applaud you for it and for sharing your story here. I hope your relationship with your son continues to grow and mature.
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divorcedpauline
02:59 PM on 02/14/2012
Thanks, Mandy. For those who haven't experienced that kind of unrelenting hostility from an ex, I think it's hard to understand why a mother (or father) would give up custody. It is certainly a last resort, and as I tried to make clear in my story, one that I made in the hope of reducing the conflict for my son.
07:29 PM on 02/14/2012
I'm glad you mentioned (or father) because men always get bashed if they give up custody and are called bad fathers. If this is ok for a woman than it should also be ok for a man. Also, plenty of women act just like the husband in the story so it is not just men who try to use their children against the other spouse. My ex wife attempted to do that, but luckily, after a long time, I finally got custody.

I don't bash this woman for her decision, but there are plenty of women who try to use their children against their spouse as well. It is not just the men.
03:07 PM on 02/14/2012
I call B.S.
I've talked to several women who faced extreme hostility from their ex and opted to give full custody to their ex
Hostility? First of if a man becomes hostile why would you give him custody, are you not afraid of the childs well being. Judges will ask a mother two or three times, if she really wants to give up custody befor he orders the custody to the father.
Mother who lose or give up custody normaly have done something really wrong sevral times over.
07:14 PM on 02/14/2012
Evidence please for your typically outrageous claims.
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Kingpleasure
Live for Pleasure
09:41 AM on 02/14/2012
Lots of bashing this woman for her decision. I applaud her for her decision. The irony is that society expects women to always be the primary caregiver so when she is not, she stigmatized as having 'abandoned her children. men have the luxury of never getting bad press when it comes to how their children are raised. Women bear the bulk of responsibility. Pauline was going through a high conflict divorce with an ex husband who was acting a fool, add to her stress levels was a belligerent son who was aggressively acting out. I feel for what she must have been going through. I'm sure her mental/physical/emotional health was in the toilet, and she still had a daughter to parent. Meanwhile the husband was off scott free bad mouthing the mother with none of the day to day responsibilities of being a parent. He just sat back and shot his mouth off. Well Dad, dude got to put his money where his mouth was. And come to find out, he ended up having to put his son in a school because he couldn't handle his son himself. It's easy to criticize someone else, when you aren't in the trenches. That son was disrespectful to his mother period! Where I come from, you treat your parents with respect, nothing less is tolerated. Too many parents let their kids run all over them.
12:41 AM on 02/14/2012
You are very brave for sharing your story. The situation is very unfortunate and beyond anything I can fully imagine since I have not gone through anything like this. I think others posting on here should take note of that. It is impossible to know what we would do unless we are put in that situation. I wish you and your son the best. He will be an adult one day and will make his own decisions.
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Kingpleasure
Live for Pleasure
11:52 PM on 02/13/2012
Why do mothers feel guilty if they 'give up their children' to the fathers who helped to create those same kids? The kids are just as much his as they are hers. Why does society make women feel they have to be the default primary care giving parent? Mothers take on so much guilt and emotional stress. I think more men should be primary custodial parents. Maybe they would start to appreciate the job that mothers have been doing for eons while they stood on the side lines, 'helping out'. As the author said, 'Men are almost never the primary care-taker, but they want to be the ones in charge, heading the household, and making decisions. How can they make decisions when they don't even know in detail what is going on because they have willfully neglected to step up and and be as much of the primary caregiver as the wife? Women work outside of the home and still have to work in the home and assume the main responsibility for child rearing.
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capt hastings
exercise the little grey cells
05:56 PM on 02/15/2012
Your comments might be viewed as man bashing because of their tone, but they do paint a common picture for most. Things are changing though. I see dads almost as often as mom at my kids' 3 schools and they're doing the things that were almost exclusively done by moms several years ago (dealing with making lunches, monitoring homework, scheduling activities, connecting with teachers, shuttling to activities, etc.).
10:42 PM on 02/13/2012
(concluded) to make my son feel loved and wanted and welcome when he's here and to just let it be at that. 

I felt like the worst mother in the world - who gives up their child?? - but I told the GAL that I loved him enough to let him go. 

I know there are many out there who won't understand, who will have awful things to say, but they haven't walked in these shoes. They haven't had their heart ripped out by watching the pain of a child who is so conflicted and caught in the middle. And having no experience or knowledge on the subject makes them render an uninformed opinion, which is just that. Their opinion, to which they're entitled, but on which they have nothing to stand. 

For their sake and the sake of their children, I hope they never have to understand. 

But while I'm very sorry you had to go through this, I'm very glad to know that I am not alone in this, the most gutwrenching of all decisions. Thank you for letting me know that someone else gets it. 
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divorcedpauline
12:37 AM on 02/14/2012
I'm glad reading this made you feel less alone. I wish you the very best.
10:39 PM on 02/13/2012
I was rendered speechless when I read your story. I thought I was the only one in this situation. My ex came after one of our four children and like others whose comments I've read, my son - 13 - is affectionate and happy when he's with me. When he's in the presence of his dad/my ex, there is no end to the hostility and poison seeping from him.

I've explained this to the courtz, the GAL, attorneys, judge, counselors. No one really got it. Until I read your article.

I, too, elected not to fight for custody. My hope is that my ex will stop using him as a pawn to hurt me, and in the process hurting our son. I don't understand the animosity, the venom, the need for revenge. I used to call my son every night but he was so hostile and out in the middle that it hurt me to see how much he was being hurt.

If my ex decides to allow me to see him, I tell him how much I love him. I spend time playing with him (video games and the like) and we do all sorts of fun things. But I can't plan too far in advance because my ex doesn't see anything wrong with just not showing up - even if the police were called. I saw the damage it was doing to the other kids and just decided that I would do whatever I could (continued)
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capt hastings
exercise the little grey cells
05:58 PM on 02/15/2012
you make a point the the article can not: how other sibs are affected
07:11 PM on 02/13/2012
@P. Gaines part II:
The supposed badmouthing that your son recalled to you is somewhat suspect, but even if true, welcome to the world of most divorced men and non-custodial male coparents. Not wishing bad for or on you, but if more women had to withstand what they willingly heap upon most men, they would crumble beneath the weight. Imagine "musing" to a counselor about losing his child. The room would erupt in laughter as the word actually needing to be used would have be "winning" custody in most men's cases. The presumption is that females are "entitled" to the child regardless to whether it is a good decision or not. Just as long as the pass the gender requirement.
07:10 PM on 02/13/2012
@Ms P. Gaines, In my opinion, your mindset of the entire situation is reflected in your comment " his bottomless pockets". This statement lays the ground rules for all that was to come later. You mention the "high conflict divorce" which sounds like you fully expected to emerge with court provided "parting gifts" in an amount disproportionate to the amount you brought to the union or earned during the union. You mention alimony and child support, but why is it that you felt you could "lose" custody of something that was just as much "his" as they were yours? Now stop and combine your expectation of disproportionate participation in financial asset division with the belief that the children were essentially "yours" such that, if your husband were to have the children you must-have/needed to "lose" them. It is not hard to see why the divorce became intense. Screw the comments about him being confident and charming as there was a time when you admired those traits in him and figured they were assets that would provide you a pathway to betterment. I'd bet that you would call your current husband charming and witty etc. That is because you still love and value him, where you had grown to hate your ex-husband.
12:23 AM on 03/01/2012
I'd say you are a pretty sick person. I think your mind works entirely on financial grounds as your comments completely ignore all the emotional aspects. You also ignore the fact that the wife could
not afford to hire a lawyer of equivalent stature to her husband's and so she just got further beaten up in the process. You also ignore what's in the best interest of the children. Shame on you.
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atcrossroads
04:16 AM on 03/03/2012
When you have 60%-40% custody split, and then 0%-100%, then you have lost something.
04:53 PM on 02/13/2012
This was a very tough decision, but I think you made the right one. Only by removing yourself from the situation could your son see that you weren't the problem. I'm glad your relationsh­ip is getting stronger. Kudos to you for sharing this piece.
03:43 PM on 02/13/2012
Thank you for sharing your story and amazing sense of humor on the subjects of divorce and special needs children. I too am one who just loves the judgmental people of this world who feel they know better than we do, yet have never walked a day in our shoes. Keep up the good work. You have a fan in me.
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divorcedpauline
04:31 PM on 02/13/2012
Thank you!
03:30 PM on 02/13/2012
This woman sounds more like a train wreck. Blame someone else, blame someone other than me. For the courts not to award a mother custody, she must of done something really wrong.
01:56 PM on 02/14/2012
I thought the same, it's a shame more people have fed into it, but its pretty basic manipulation. It doesn't work in the courts (this being case in point) but in the court of public opinion it's bread and butter. "I'm the victim and this is why" is just exhausting.