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Asserting Your Child Custody Rights: How to Deal with a Challenging Ex-Spouse.

Regarding divorce, child custody is often one of the most contentious issues couples face. Disagreements about custody arrangements can be emotional and heated, especially when one parent is trying to manipulate or change the agreement at the last minute. This common hot-button issue can make an already difficult situation even more challenging for parents and children.

Let’s take the example of Tom and Jane. They have two children, and after their divorce, they agreed to split custody equally. However, Jane frequently tries to change the custody arrangement at the last minute, making it difficult for Tom to plan his schedule and causing tension between them. Tom wants to be assertive and stick to the agreed-upon arrangement, but he doesn’t want to create conflict or upset his children.

If you find yourself in a situation similar to Tom and Jane’s, it’s important to remember that there are ways to handle custody disputes effectively without causing unnecessary conflict. Here are some tips to help you be assertive around your child custody while dealing with a challenging ex-spouse:

  1. Focus on the child’s best interests. Custody arrangements should prioritize the child’s needs and well-being above everything else. When discussing custody issues with your ex-spouse, focus on what is best for your child rather than getting caught up in your desires or feelings.
  2. Create a detailed custody plan. Having a clear, detailed custody plan in place can help both parents to understand their roles and responsibilities and make it easier to stick to the agreed-upon arrangement. This plan should include specific dates and times for custody exchanges, as well as guidelines for how decisions about the child will be made.
  3. Communicate assertively. When discussing custody issues with your ex-spouse, it’s essential to be clear and direct about your concerns and expectations. State why the change is not possible or practical, and set firm boundaries to protect your child’s best interests. It’s important to remember that assertiveness does not mean aggression, and being respectful in your communication can help to keep the conversation constructive.
  4. Seek mediation. In cases where communication breaks down or one parent is being challenged, mediation can be an effective way to resolve disputes and come to a mutually agreeable solution. A mediator can help both parents to communicate effectively, identify their underlying concerns, and work together to find a solution that works for everyone.
  5. Take care of yourself. Going through a divorce and dealing with custody issues can be emotionally challenging for both parents and children. It’s essential to take care of your own emotional well-being, seek support from family and friends, and consider working with a therapist or counselor if necessary.

It’s important to note that there is a difference between aggressive, passive-aggressive, and assertive communication. Aggressive communication is characterized by focusing on one’s own needs and desires at the expense of others and can involve blaming, attacking, or threatening the other person. Passive-aggressive communication is characterized by an indirect expression of one’s needs and desires, often through sarcasm, procrastination, or withholding information. Assertive communication, on the other hand, is characterized by focusing on clearly and directly expressing one’s needs and desires while respecting the other person’s feelings and perspective. Assertive communication can help to minimize conflict and create healthy communication patterns, even in challenging situations such as divorce and custody arrangements.

Assertiveness checklist for parents dealing with custody issues:

  1. Identify your needs and concerns. Before entering into a conversation about custody arrangements, take some time to identify what you need and your concerns. Write them down if necessary so you can reference them during the conversation.
  2. Use “I” statements. Using “I” statements can help you communicate your thoughts and feelings without blaming or accusing the other person. For example, instead of saying, “You always change the custody schedule at the last minute,” say, “I feel frustrated when the custody schedule is changed at the last minute.”
  3. Stay calm and focused. It’s important to stay calm and focused during the conversation, even if the other person becomes defensive or argumentative. Take deep breaths, stay centered, and remind yourself of your goals for the conversation.
  4. Be clear and specific. Use clear and specific language to communicate your needs and expectations. For example, instead of saying, “I don’t want you to change the custody schedule,” say, “I need us to stick to the agreed-upon custody schedule for the benefit of our child.”
  5. Set boundaries. It’s important to set boundaries around what you are willing and not willing to accept regarding custody arrangements. Communicate your boundaries clearly and calmly, and stick to them.
  6. Listen actively. Active listening is an important part of assertive communication. Make sure to listen to the other person’s perspective without interrupting or getting defensive. Reflect on what they are saying to ensure you understand their position.
  7. Be open to compromise. It’s essential to be open to compromise regarding custody arrangements. Work together to find a solution that meets your needs and is in your child’s best interest.

In conclusion, dealing with custody issues can be challenging and emotional, but it’s essential to prioritize your child’s best interests and be assertive when necessary. By focusing on clear communication, creating a detailed custody plan, seeking mediation, and taking care of yourself, you can navigate custody issues effectively and minimize conflict with your ex-spouse. Remember, your words have power, so use them wisely to improve the situation for everyone involved.

If you’re struggling with custody issues and dealing with a challenging ex-spouse, know that you don’t have to go through it alone. Seeking support from a therapist can help you navigate the emotional challenges of divorce and custody arrangements and develop effective communication and coping skills. Don’t hesitate to schedule a therapy session today to get the help you need to move forward healthily and positively for yourself and your child. Click here to schedule a session with Ron Huxley today!

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The Summertime Parent

While most children were anxiously waiting for the school year to end, Jonathan was simply anxious. Although most boys loved traveling across the country during vacation, Jonathan dreaded the annual trek to see his father. It wasn’t that he didn’t love his father or enjoy being with him. It was the children from his father’s new marriage that he didn’t like. He felt like he was no longer his father’s son and that his dad loved them more than him. To top it off, he wouldn’t get to see his friends or his mother for almost ten weeks.


Jonathan’s parents had divorced, and his father had moved to another state. He only saw his father during Christmas and summer vacations. His father would send birthday cards and occasional letters, and with the invention of email, he could type off a quick note anytime he or his dad wanted. But that didn’t make the situation easier for him. In some ways, it only made a hard situation harder.

It was no summer picnic for Jonathan’s father either. Instead of feeling excitement about seeing his son, he felt anger and resentment that was often channeled toward his ex-wife whom he blamed for the custody arrangements. “I never realized how hard divorce could be,” exclaimed Jonathan’s father, “and getting remarried has only made it worse. Now I am stuck in the middle of two sets of frustrated families.”

Wounds of Divorce
Regardless of the reasons, divorce hurts! Any separation between two connected people will cause emotional wounds when pulled apart. Like any wound, the traumatized area must be cleaned and cared for if healing is going to be possible. The more dirt slung between divorced parents, through verbal and physical fights or nasty legal battles, the more infection in the relationship between parent and child will develop.


Jonathan’s father moved across the country because of a great job offer…or at least, that was what he told everyone. The job was great, but the real reason was that he couldn’t get along with Jonathan’s mother and just needed to leave and start over again. Unfortunately, that left Jonathan behind. “In retrospect, I would have stayed, regardless of the situation,” admits Jonathan’s father. “At the time, the hurt was too much to stand. I didn’t want the divorce, and his mother’s new boyfriend was just salt in the wound. Rather than continue to argue and waste money on lawyers, I decided to leave.”


Parents who have a long-distance relationship must address the wounds of divorce. Cleaning out a wound is painful but necessary. Similarly, letting go of old hurts and memories is important for healing and growth. Jonathan relates that his first summer with his dad in his new home was fun: “We went out to eat, the movies, miniature golf, and then my dad started pumping me for information on my mom and her boyfriend, when I just wanted to be with my dad.”

When parents do not deal with their own issues, children suffer all over again and their wounds are not allowed to heal. “Summer time parents” need to take care of themselves throughout the entire year so that they can enjoy the time with their children. Parents can care for themselves by consulting with a professional, developing a strong network of friends, exercising regularly and eating right.

Reassurances and Permissions
Major changes are frightening to young children. The loss of a parent creates fears of loss of food and shelter, being forgotten, attacked, punished, or unloved. While this might seem irrational to a parent, it is a real concern for the child. Children need reassurances that these things will continue to
be in their lives and, most importantly, that they are loved. Don’t make promises that things will go back to the way they were or be just as good. That is one promise parents can’t deliver, and it breaks down a child’s trust. Simply offer a verbal hug of hopefulness that the future will be secure and safe. In addition to reassurance, children often need permission to let go of the guilt that attaches itself to living with the “school-year” parent and visiting the summer parent. Both parents need to tell the child that it is okay that he/she are going. Be honest about missing the child but save the wailing and cloth-ripping for another time and place.

Permission giving helps to untangle the loyalty binds that children get caught in after divorce. Don’t ask a lot of questions about the other parent and his/her life back home. If the child wants to talk, fine, but don’t start an investigation and definitely keep your opinion of the other parents life to
yourself. Children feel they are disloyal to one parent by staying with and loving another parent. This problem is rooted in the concrete thinking styles of school-aged children. It is a developmental issue that can’t be removed and everyone must learn to adjust.

Creative Communication
The key to being a successful summer parent is to have regular communication during the other months of the year. Because it is difficult for the parent who moves away to watch the child grow up, predictable and consistent communication in the form of phone calls, letters, postcards, e-mails, photos, and tape recordings can help. There are many social media tools and apps that can also be used.

Too many parents spend their time on the phone or in letters mourning the time they are apart or how much they miss the child. This re-traumatizes the child and makes the parent look pathetic. If it has to be said, say it one time and move on. Focus the discourse on what is going on in your and your child’s life. Make plans for the upcoming visit and discuss emotional issues important to the child. Stay away from morbid meanderings.

Make the communications short and newsworthy. A one page letter talking about how the dog ate your favorite shoe or describing a beautiful sunset will make a better connection between parent and child than a long, boring letter that lists every detail of the week. E-mail is also a great way to communicate as the medium itself is geared toward brief, informal notes, and the instantaneous nature of the format makes frequent communication practical.

Try alternative mediums. If the parent or the child is not a “letter writer,” try using a tape recording. Buy a compact recorder or use your phone and walk around for a day recording various activities and thoughts. Capture
the sounds of the dog eating your shoe or describe the sunset as you look out the back window. Buy a Polaroid camera and take pictures of the new house and neighborhood and send those (by e-mail or snail mail) to the child. Alternative forms of communication can add a little more color and life to dry words on paper and bring the child and parent closer together emotionally.

If you like creative ideas, do a project or play a game across the time zones. Read a sport article or watch a favorite television program and then discuss it later on the phone or by e-mail. Keep separate journals that are exchanged during the visits. Create an online web page with both parent and child as co-webmasters. Play a game of checkers (with two sets) and give the moves to each other during your communications.

Make up a “sharing box” where you put mementos and little treasures for the other person to look at and discuss when together. Start a garden or acquire an aquarium and get advice on what to plant and how to care for the fish from the other person. Creative ideas, such as these, foster family solidarity despite time and place. It makes the relationship feel real and alive and that is important to parent and child.

School Connections
Summer parents feel out of touch when it comes to the child’s life at school. Request to be put on the school’s mailing list or give the child’s teacher an e-mail address to update the distant parent on activities and progress. Many schools and teachers have web sites set up so parents can view their child’s itinerary and grades. Knowing what is going on at the child’s school allows parents to ask intelligent questions about upcoming field trips and school projects. The child will also feel that the parent cares about him or her. Parents can make similar connections with doctors, therapists, and coaches.
Jonathan and his father still miss each other, but their relationship has blossomed despite the distance. They are routing for the same baseball team and are working on a go-cart that Jonathan and his new siblings will race during the summer at a track near the father’s house. “I started taking
pictures of the engine as I dismantled it and I scan and send them out each week by e-mail to Jonathan. He told me last night that he has started a scrapbook with all the pictures in them. When he gets here, the go-cart should be all put together, and we can paint it together,” explains his father.

Geography doesn’t have to separate parents and children emotionally. Summer-time parents can keep the relationship alive during the school year so that they look forward to being together and can pick up where they left off. “Jonathan has excitement in his voice when we talk about our time together.That is the biggest gift I could ever receive!”