Read this article before you you go to War in Court over custody of your kids!

Posted by William LeiningerMay 05, 20220 Comments


Sole custody no longer exists in Florida. The term “sole custody” has not been used in Florida for years. Sole parental responsibility, however, does exist and it is what is used to describe a situation where one parent seeks the retention of full parenting rights and responsibilities with respect to their child. When a parent has sole parental responsibility, he or she has complete authority to make decisions for the child. There is no need to consult the other parent when making major life choices impacting the child

As soon as the divorce process begins, at the very time when each parent's self-esteem is at its lowest, the question is asked, which one is the best parent to take full responsibility for raising these children? Its hard to imagine a more untimely question yet this one raises its ugly head in almost every divorce. A lit match thrown in a room of volatile gas!

Posing the question "who is the best parent?" generates more ill-will, anger and blood-letting than almost any other aspect of a divorce. We continue to ask this question, notwithstanding its ugly consequences, as though it is simply a necessary element of divorce. It's not. We have inherited this question from our traditions and this is one tradition that's worn out its welcome.

Most child psychologists would agree that each parent contributes in unique ways to the development of the child. There is no best parent in most cases. While certainly there are instances where one parent is abusive or fundamentally lacking in basic skills such as to eliminate that parent as a genuine parenting figure, however, most cases involve two relatively good and loving, though imperfect, parents.

By posing the "best parent" question, we are essentially setting the stage for an unnecessary and destructive battle. At the time of divorce each parent needs love from all available sources and each will undoubtedly seek to preserve the love of their own offspring. When faced with the prospect of "winner take all", considering the fragile emotions of the parents, its no wonder that each fights as if for their very life, because in one sense they literally are fighting for their emotional life.

Objectively, children will almost always have pros and cons from living with either parent. The pros and cons will almost always differ depending on which parent we are looking at. Furthermore, there is really no question that the needs of children vary dramatically depending on their age. The pros and cons of each parent may be better suited for children of different ages.

Focusing on being a better parent rather than the "best parent" will serve you and your children well. The "best parent" question is the wrong question and it almost always produces the worst result -- a custody battle. Explore creative alternatives to something other than a battle. Recall the wisdom in the old saying, "there is no honor in being superior to another person, the only honor is in being superior to your former self."


Regardless of a court ruling, most parents can have much greater positive impact on their children's lives than they realize. While you can not control what the court may do, you can always control your reaction to it. You can not control what your ex-spouse may do, but you can always control your reaction to them. You can not control all the events in your life, but you can always control your reaction to them. In other words, "What you do about what they do is more important than what they do."

This is not to suggest a pollyanna approach to difficulties or to minimize the pain of separation but, paradoxically, once you accept the difficulty it becomes much less difficult. You cannot get beyond that which you cannot accept. The social and psychological impact you can have as a parent can transcend the limitations of court orders which are necessarily temporary in duration.

Effective parenting during and after divorce can be achieved by appreciating these dynamics and by implementing an elegantly simple admonition: DEFINE YOUR PRIMARY OBJECTIVE AS A PARENT.

Few people would engage in business or other ventures without defining their primary objective yet millions of parents engage in the most challenging task humans face without ever specifically defining a parenting objective beyond fuzzy wishes that their children "be happy," "have a better life than I did," or some other nice but general wish that provides little or no heuristic value.


With such a defined primary parenting objective the task of parenting becomes more manageable and in a divorce setting provides invaluable guidance for your behavior. Following are five keys for achieving this objective, dispensing with an explanation of all the sound psychological and scientific underpinnings which make this recommended parenting objective the most logical choice.


This means that it's OK for them to love the other parent, or even to want to spend time with the other parent. Your love must not be contingent on any behavior of the child. It is critical that your children understand that you love them "no matter what." Express this to your children. Parents too often assume that children know that parents love them. Don't assume. Tell them. Tell them often.

Always distinguish your disapproval of a child's behavior from your unconditional love for them as a worthwhile person. Tell them that you are disappointed with a particular behavior while showing them that you love them "no matter what". You may find it effective to tell your children that you are surprised that someone as smart as they are, as good as they are, and as wonderful as they are, would have such uncharacteristic behavior.

Unconditional love provides a solid anchor for the children which contributes to high self-esteem.


Hug therapy should not be underestimated. According to psychologists, children need at least fourteen hugs a day for healthy growth. The examples and scientific evidence supporting the tremendous emotional and physical benefits from loving hugs is nothing short of remarkable.

The importance of this key is only underscored when custody periods make contact intermittent.


Take the time to look your children right in the eye when you tell them how much you love them and how important they are. Too often we preserve eye contact for disciplinary moments -- "look at me when I'm talking to you!" This is because we instinctively know that if you want to drive a message home to someone, you look them in the eye while delivering the message. Deliver positive loving messages to your children by looking them in the eye.

The importance of this key is only underscored when custody periods make contact intermittent.


Enhance your child's self-esteem by listening to them. Take the time to listen to what they are saying without assuming that you already know what they are trying to tell you. Respect and honor them as people with legitimate concerns and important ideas. Let them direct the discussion. Resist the parental urge to control. Treating your children as worthy individuals teaches in the most powerful way that they are valuable and can make an important contribution. After all, if their all-wise parents listen to them they must be important.


This may well be the most important of the five keys because you can only love someone else to the extent you love yourself. When you feel confident of your own sense of worth not only will your children learn from your positive example but you will not need to compete with an ex-spouse for the children's love in order to create a false sense of self worth. Developing your sense of self-esteem means doing things for yourself. Take classes that interest you. Exercise. Buy something for yourself.

It is not negatively selfish to take this course of action. Note the following analogy of the airplane instructions. When the flight attendant gives instructions regarding the oxygen mask that will drop down in the event of an emergency, what are people travelling with small children told to do? Put their masks on first, then assist the children. Is this a selfish approach? Of course not, because if the adult is not in a position to help the children then all are at greater risk. The same applies in parenting!

As you become more self-confident in your inherent worth as a human being you pass that on to your children. Self-worth is contagious. You avoid unnecessary conflict with your ex-spouse, and many petty battles are avoided because the prize of such contests no longer interests you. You are free to truly take action which promotes your children's best interests.

Choose carefully the words you choose to talk to your children and for your own self-talk. These words affect one as much or more than the foods we eat. Ask yourself if your behavior is truly designed to enhance your child's self-esteem. If your find yourself tempted to engage in conflict behavior with our ex-spouse, ask yourself if it is going to be harmful to the children's self-esteem and if so is it really what you want to do.

An airplane is often blown off course by unexpected weather patterns, but because it has a defined objective or destination, the pilot can make the necessary adjustments to correct the flight path and get back on target. Undoubtedly, "unexpected weather patterns" will occur in your parenting journey -- particularly in a divorce setting -- but with the primary objective of "nurturing a sense of high self-esteem in your children" you will be able to make the necessary adjustments and fly with purpose and effectively. Enjoy the challenge!


The more good things that happen to your ex-spouse, the better off you will be and the better off your children will be. To the extent divorcing parties seek win/win solutions the better off all will be. Unfortunately, most divorcing parties view the divorce conflict as a divorce contest and each attempts to "win" at the expense of the other.

From a global perspective we are gaining a much greater understanding of how interconnected we are all on our little planet called Earth. We now better appreciate that events in a distant part of the world affect us in ways we didn't historically understand. Crop failures in a far away country affect our prices at the local grocery store. Disease in another country can quickly spread to our neighborhood, etc., etc.

Certainly, if distant events can directly affect us it should come as no surprise that what happens to those much closer to us can have a direct and profound impact on us. Our behavior toward those around us eventually comes back to us. The old expression "what goes around comes around" may very well experience scientific corroboration in the future. What is certain now, however, is that treating an ex-spouse in the manner in which you wish to be treated by them will redound to your benefit and your children's benefit.

If you are considering fighting for Sole Parental Responsibility, call Sarasota Custody Attorney William J. Leininger at (941) 727-5555 and request a Free 30 minute custody consultation!  No cost or obligation to meet with Mr. Leininger who has 43 years experience with Custody and High Asset divorces.