I just want full custody

Swati was in her early thirties when she got divorced about seven years ago. After accepting her husband’s infidelity, she filed for divorce, at which point he started to harass her. The only way she could put an end to the harassment was to move out taking her young child with her. She knew her husband was a fighter, she knew she wanted full custody and she knew that negotiating their divorce was not going to be easy. However, as a successful Human Resource management consultant, Swati had the means to support herself and her child, and that made a difference in the negotiations. Here’s Swati:

In Illinois, you have to see a mediator to set your child’s schedule and a couple of times our mediator said,

“I’m going to end this meeting early.”

Divorce Italian Style

Divorce Italian Style

Then he pulled me aside to tell me he didn’t think my ex was ready and I would have to explain all the actions my ex had already taken. I found it really annoying and I wasn’t going to stand here and feel sorry for him. There was no reason for our divorce to take a long time.

I told my ex that if I got full custody of our daughter, then he could keep his business that I had started and all of our savings account and all of our assets except the house.  I couldn’t let him take the house because I wouldn’t be able to buy another house.

I just wanted custody of our daughter. I didn’t want child support. Nothing. That’s what ended up happening in the end.

I’m very fortunate. I’m well-educated, I do well earning my own money, I haven’t had that concern that I know a lot of single moms and dads have to struggle with. I knew I could make it again on my own, I knew I didn’t want to live in the house, I knew I didn’t want any of the stuff in the house, so it wasn’t as if I felt like “I can’t believe I don’t have our china” or something like that.

I’m a very sentimental person, so I would look at the couch and think “remember when we bought that?” And once I figured out he was having an affair with this girl we had hired to do filing in his office, I also figured out we weren’t actually a good fit together anyway. I realized he told me all the things he was looking for in a wife so I thought we were a good fit but what he really wanted was somebody who had no ambition, who would do everything he wanted. We had hired her when she was like 15 ½, and I don’t actually know how old she was when the affair started. Even more ridiculous, she was the daughter of one his patients.

After paying all the legal fees, I ended up with $87 in my bank account, and that’s finally when I asked my parents if I could borrow some money. They said,

“Why did you wait so long to ask us?”

I don’t know why I waited so long. I just felt that at thirty-three I should have been able to support myself. They got me a car, they helped me out and several years later I was able to pay them back but I do remember that feeling of,

“Oh my God, I have $87 in my bank account.”

I do believe that both parents are financially responsible for a child and it’s a moral responsibility. In my idealized view, parents would fulfill that responsibility regardless of child support laws. In my idealized view, parents would fulfill that responsibility because they wanted to, because it’s the right thing to do for their child. It angers me when I hear of parents who have the financial wherewithal who shirk on this responsibility.

But, I know this is not the reality and I know that if you have very little influence over your ex. In Swati’s case, she already knew she could be financially self-sufficient even if she needed some initial support from her parents. That gave a her a huge emotional advantage – she didn’t need to fight her husband over assets. She didn’t need to rely on child support to make ends meet. She could just detach herself and walk away. Walking away meant ending the divorce negotiations much sooner than would otherwise be possible. I’m guessing too that walking away meant avoiding a costly and lengthy court-battle.

This is about looking at the big picture, seeing what matters most and cutting through the debris to get there. It’s about knowing what is important for you and not allowing yourself to get sucked into the “tit-for-tat” of divorce settlements. On paper, it might seem like a very uneven settlement but doesn’t getting what you most want, make it a great settlement?

BTW … Swati’s ex does have parenting time with their daughter. More on that to come.

Swati is a fellow blogger – you can check out her posts about life after divorce at The Single Mothers Chronicles and follow her on Twitter – @SingleMomChrons.

Photo Credit: cwangdom

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  • http://www.postdivorcechronicles.com Lee

    I wanted the same thing, but in Texas, the judges will rarely sign off on it. My attorney dissuaded me from it. My ex did not want anything but standard visitation, and frankly, I need the break that single parenting entails! I also got help from my parents, because the support I did receive barely covered any expenses for the kids, but I took him back to court and was raised substantially, so I no longer get help from anyone but myself!

    • Mandy

      I’m with you on needing the break! My kids go to their dad’s every other weekend – they leave on Friday night and are back on Sunday and I do look forward to that time as my-time. It’s the time I can catch up on chores and do some fun activities also. Right now I’m trying to be super-disciplined and using that time to work on my book. Congrats on no longer needing help!

  • http://formerlyaprildawn.blogspot.com April

    There is a sense of pride that comes with knowing you don’t have to rely on anyone. When it was time to start over again, having the help from parents certainly helped me, too!

    • Mandy

      Yes, it is very satisfying being financially self-sufficient and definitely removes a large element of stress. I think a vital part of dealing with divorce is creating a plan to be financially self-sufficient and there is no shame in asking and receiving help to get you there. Businesses borrow money all the time to help them grow. It’s just the same individually. It’s an investment in your future. Where I think it’s dangerous, is borrowing money when you have no plan for how to make the repayments.

  • Barbara Bryant

    I am seeking some guidance for my daughter who is going through a rough time. She filed for divorce when her abusive husband was jailed in late September 2010 based on extradition from Illinois to Tennessee from crimes he committed before he married her in 2003. During their 7 years, they had a child now 4. He is a low-life, crack abuser, too lazy to ever have a steady job, spends what little money he gets on himself kind of guy. He put her through hell and since being released on a technicality in early December 2010 he has managed to file many motions (his mother is behind him on fighting the divorce). They own nothing except a few nondescript household items. He has a 1994 truck, and she has a 1997, both paid for. No debts. THe rental lease is in her name only. SHe has a wonderful job with benefits and makes enough to support her two children and herself, but not enough for the divorce. I am her mother and am helping all I can. We don’t see an end and just keep having to reply to his stupd motions. He even called child services on her, claiming she burned the child (the slight burn on the shoulder happened outside the home when the child was visiting other family with his older brother, 13). That was cleared up. He has a heroin-addict neighbor spy on her, and everytime a man shows up, she hears about it through communication from his attorney to her attorney. What he really wants is full custody of the child plus a generous child support for himself so he can continue to smoke crack and live comfortably in his cesspool of hatred and revenge. She is moving on, and most days are okay. Sometimes, she just calls to weep. He calls her employer, the children’s schools, her neighbors, her landlord, etc with anonymous messages that she is a bad mother. Nothing could be further from the truth; she has always been so loving and so hardworking and so wonderful to her kids and anybody who needs help. He has a twisted mind, and I have no idea why his parents can’t see the truth. We think that he has told them so many lies and embellished truths that they think they will lose the grandchild visitation if they don’t give him funds to fight her. I am just venting. But, honestly, does this divorce have to keep going in a circle. She has only been to court one time, and he was given Supervised visition with one of his parents having to be present. She has had to change her phone number twice, and he complains to the lawyer that he has no way of reaching her. THat is not true. He can call me, a neighbor, etc. and I will relay any emergency info. He wants to control her from across town. She doesn’t have a order of child support or any order of child custody yet. Has anyone else gone through this in Chicago? email: bitethebigoneagain@gmail.com

    • Mandy

      Oh Barbara, this sounds like a miserable situation. Sadly, there are some marriages that do seem to live on despite a divorce. I would love for you to post this in my Community and let’s see what responses we can get there. My own advice would be to make sure you retain a good lawyer – I know you said she was short on money but you really need good representation when child custody is at issue. You need a lawyer who is willing to work with you to control the costs and to suggest ways to contain the conflict rather than feeding it or causing it to escalate.

      I am glad to hear that she is able to support herself and her two children – she won’t need to depend on child support payments from her ex and if I was her, I wouldn’t ask for any payments. I know that’s letting him off the hook for his share of the financial responsibility but in this situation it’s removing one potential source of conflict.

      I feel at a loss for real practical advice as I’m not a lawyer and haven’t had to deal with this type of situation. Please do continue to support your daughter – she really needs you.