Tuesday, September 8, 2009

Wishlist... custody

A few things I wish that I had been more diligent about or didn't give up on during the drafting of the court order for access/custody of my son...



I wish I had not settled for less than 50%. From the day she moved out of the house and took my son with her, I told her I would not settle for less than 50% of his time. Part of that thought could be looked at as me being selfish, but my goal was for him to have maximum time with each qualified, active and loving parent. We were both good parents. He benefited from interacting with each of us, why wouldn't 50/50 work?



For those Dads like me, who ache for their children when they are not around, a 50/50 arrangement can work. I drive an extra hour every trip to get him or drop him off before and after work and it's all worth it. My best days are the ones I have him with me.



I had also sought the advice of a child psychologist before filing for court to see what was best for my son, given the relationship he had had with both parents when we were married and she said to stay as close to his normal routine as possible, which would be 50/50. It fell on deaf ears with my ex. I offered for her to go talk to the psychologist too and she refused. I did what I saw best for him.



I ended up settling for taking 3 of every 7 days. That's pretty close to 50/50 but still thrown in my face whenever the opportunity arises. In fact today she said that she still thinks he should be in one bed every night. Even though it's not realistic, she feels that would be more beneficial than the arrangement we have now.



I also wish that I had stipulated that I not be the only one to drop him off. That was thrown in my face yesterday.



I agreed to that because I felt that it was not a point worthy of arguing over, because I will do anything for my son. I would pick him up at the north pole if she got re-married to Santa Claus, because I love the time with him.



Sure it's inconvenient, and I had to face her hateful family during transition times, but I made a point to not be intimidated. I have always removed my sunglasses and looked them in the eye. Why? Because my son should not be forced to endure adults being childless. Unfortunately, her family cannot see things the same way. Here it is a year and a half later and I still can't get a hello, or a comment about his day. NOTHING. And not that I care to talk, but I think for my son, it would show a healthy relationship that people can have because he is that important in all of our lives.



I also wish that I had made sure that it was clearly written in stone that I get one full week with him every year, at my choosing for vacations. I had to beg to have what ended up being less than a week for him to spend with my Mother in the country. And even then, I had to sacrifice other days of my regular schedule to get her to agree. Or the five days I took him to visit my Sister out of province. It was like pulling teeth. But did I put up a fight when she wanted to take him out of the country for the second year in a row for a full week? No. In fact I handed her spending money, so he could buy a few tourist items to remember the trip with her family.


And one of the last things, I wish I had been more diligent about, was a thing called the right of first refusal. I spoke with my lawyer about it, and thought that we had included it, but it probably got lost in the million revisions my ex's douche of a lawyer requested. It is where there's an instance where it's technically my ex's time, but she is not able to be with my son, for whatever reason... be it a work commitment or a date or whatever else she might get up to in the future and I have the right to have him for that period of time, over him being with a babysitter or some other caregiver. And I have the right to refuse it before he is given to any caregiver, but I doubt I ever would.

So there's my wishlist. Things to think about while you are fighting for the right to see your children. I have said it before, if you are ever in my situation, get a good lawyer.

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