39 answers

Visitation and Clothing

Do you provide all of the clothing for your child when they go to visit dad? I have in the past, but recently stopped due to things not returning, or them not even being used, etc. Her dad says it is my responsibility to do this since he pays child support. They have made her wear the same outfit 10 days in a row and then again 4 days this past weekend. My daughter said she tried to put on some clothes from her drawer there (stuff that had not been returned from before) and step-mom would not let her. She said "You need to wear the clothes your mother sent." I think it is horrible that they are doing this to her. For a little background - they are both lawyers, money is not really the issue. I am having major issues where they are completely taking advantage of me and being horribly unfair. Any advice?

What can I do next?

So What Happened?™

My sis-in-law who is in law school found the MN statute that actually details that Child Support payments are proportionate to the amount of time that the child is with the custodial parent. Therefore, it is his responsibility to financially support his daughter when she is with him and provide her with day to day needs. I'm going to print that out for him and send clothes for now, so he doesn't keep making her wear the same thing, but after that it will be his responsibility.

Featured Answers

E.,
I have been there. Since they are both lawyers ask the questions. What is best for the child? or What does that have to do with the child? (sometimes you may have to ask it 10 times)
There is a ton of information based on research that states a child should feel comfortable at both homes. Ask the father if having the child wear the same cloths for a week is healthy for the child?
Questions questions questions. Do you have access to Tony Robins tapes or books at the library? His informatin helped me take the emotion out.

The best advice I was ever given was:
1. Never say anything bad about the other parent because it is like pointing a finger at the child and saying half of you is bad.
2. Take the emotion out and treat the exchange of the child like a business. I know this is not easy but like everything else practice makes perfect.

Sorry to say but it is the kids that lose.
Been there,
C.

Do they have clothes there for her??? Then I would stop..My ex has clotes for my children at his house..So I do not sent them..IF he requests that I do I DO send them..You should ask or send clothes you don't care IF you see back again..I would ask politely and say "If she has clothes to wear there I'll send her with an out fit to wear home..So you don't have to wash the outfit she wore going there.." (see their response)

More Answers

Hi E..
Man, I have been through this situation before, and let me say I feel your pain. Okay, so this is going to be long, but I feel like I have a lot to share. I've been divorced 4 years and the first couple years it seemed like everything was an issue, but no issue was more heated than the "clothes" issue.

First off, it may be helpful to see what the law is in your state, or if there is anything in the custody decree, just so you know what your responsibilities are and what you’re dealing with. My ex tried to pull a lot of "well, I pay child support so you HAVE to do this or that", but when I would check with an attorney, they’d tell me what the actual laws were and they usually aren’t even as black and white as you think. If it wasn’t written in the decree, then basically it was up for debate, in my case.

After finding that out, I think you have a few options, to sum up what people have said here and to share what I've went through, myself. First off, of course, if they will have a civil discussion with you then it‘s best to talk to them and try to come to a COMPROMISE. Remember, that means it’s possible that neither of you will get what you want. Stay cool. Come with solutions. Ask questions. Use "I" statements, and don’t play the blame game. I actually found that my ex’s wife resented me talking to him, so I would get more accomplished if I just approached her, right off the bat. Maybe that will or will not work for you. Always focus on the fact that it’s your daughter that will benefit from working things out. You aren’t doing this for your own benefit or for theirs; this is for your daughter. You want her to feel good no matter where she is.

But, we all know that certain people just aren’t willing to talk or compromise, they just want to make things difficult, or they are too angry to see a solution. In that case, I would do as someone suggested here; create a wardrobe that goes to her dad’s for her and stays there. Remember, this is your child, and if they are going to not let her wear anything from their house (which doesn’t even make SENSE) when she’s there, then you want her to feel good about the clothes she has to choose from at his house. You can find some nice, appropriate things at garage sales and clearance racks, even hand-me-downs from friend or family with an older girl (my kids LOVE this). Communicate with your ex when you send them that those clothes can just stay at his house, and ask him to let you know (and even bring them back) when/if they don’t fit any longer and you can replace each outfit as she grows out of it. Your best bet is to make this a NON-ISSUE. Communicating with them is the only way that this is going to work. Sure, they have money and they can afford clothes for this child themselves, and that totally SUCKS, but apparently they are unwilling to do this and YOUR DAUGHTER is the one suffering. You have to be the adult in the situation and just step up to the plate and make things right for your kid.

If this still remains a problem, and all else fails, I would take it to a mediator. You will want to DOCUMENT EVERYTHING for a while so that you can prove there is a pattern. You want to be sure that you are coming to the table and trying to compromise with these people in the tough situations, that you are trying to co-parent with them, and that they are just unwilling to compromise. You may end up in court OVER CLOTHES, but if that's what it takes is to have something written in the custody agreement, then so be it.

In my case, I figured out (through counseling) that my ex and his wife were having issues with their own marriage, and so the only time that they could "come together" was when they were lashing out and arguing with me and about me and creating hell for me. Once I removed the conflict and just didn’t allow them to rile me (at least as far as they knew) then everything started getting better, and eventually their marriage crashed and burned. Maybe that’s what’s happening in your case too, who knows? But, the best thing to do, in my case at least, was just never to "lose my cool" with them. Always remain calm. Don’t bite the bait when they try to harass you, tell them you’ll call them back when you’ve thought over something their complaining about if you need to, just BE THE ADULT. E., you don’t have to be a doormat for these people, and let them take advantage of you. Stand your ground when it matters, and the rest, just let it go in one ear and out the other.

Also, like someone else said, this is not something you should discuss with your daughter. I know that it’s so tempting to ask her what’s going on at her Dad’s house with this, but you need to leave her out of this discussion. I mean, if she comes to you, upset about having to wear clothes 10 days in a row, that’s one thing. Be there to comfort her, of course, tell her that you’ll talk to her dad. This is an adult situation that should be handled by adults. I agree with the other people that said that if they actually DID as she said and forced her to wear the same clothes, and they were dirty, then that is considered neglect, so you need to get this straightened out as swiftly as possible so that your daughter can benefit from the calmness.

Nowadays, clothes aren’t so much an issue for us, and hopefully you guys can get there too. Now, we both buy things for the kids and the kids are getting older so they just take things back and forth to our houses however and whenever they want. I do usually end up with most of their clothes at my house, only because I keep them more, but I let them take whatever they want to their dads and bring home whatever they want. He usually goes through things every now and then brings a big "load" back to my house just so that they have enough stuff for school, but it’s really gotten to the point where we just talk and help each other out and support each other however we can, even if we don’t always agree.

Good luck with everything. I hope that it gets better for you. Let me know if you ever want someone to talk to!

1 mom found this helpful

I think you should continue to send clothes with her since he does pay child support, but I like the suggestions of sending a checklist with her (and keep a copy for yourself and your receipts) or sending sets of clothes for her to keep over there and replace them with changing seasons or she outgrows them.

I refuse to send anything with my son when he goes to his bio-dad's house. I was tired of sending nice clothing with him and it not returning. I tried only sending the ratty clothes with but then my ex accused me of not proving proper clothing for him. So I made it very clear that when he is with him then it is his responsibility to provide clothing just the same as he would food and shelter. Sometimes the clothes he wears that day don't come back and their clothes do. But I make sure to put him in that same outfit the next time he goes in hopes of getting me stuff back. So it is still a struggle sometimes. But I don't see any reason they can't provide at least a few outfits for your child to wear while in their home and on their time.
I have to admit I am stunned that 2 lawyers would be that dumb to make her wear the same clothes for days on end. They should know better! It was horribly rude, unclean and shows very poor judgement. I am so sorry your daughter had to deal with that! I hope you can get this resolved soon. Good luck!

Maybe you should send a check list of everything you send with your daughter. Since they are lawyers, have the list notarized, they should appriciate that. Tell them you want everything returned or you are sending them a bill for the replacement item. Keep the receipts for things that you buy. Also make a copy of the list for your self, in case your daughter "loses" the list.

I am so so sorry to hear about this situation. I got all upset just picturing it happening to my daughter because i know how much she likes picking out her clothes. When we would go to her dad's every other weekend I would send clothes but now that she lives with him every other week he has his own clothes for her. I hope some of the suggestions for filing a complaint and all that does something. Your daughter should be able to feel good about how she looks.

E. I can respond from being that "Step-Mom" and I am the 1st the say - every situation is totally different. However, at the age children grow it is next to impossible to purchase clothes to keep at your house. Otherwise you'll be shopping every visit. Please don't get me wrong I understand your point. However, being on the other side it not easy either. I don't understand not being able to let your daughter wear clothes from previous visits. Have you tried discussing with your ex (Trust me I understand communication issues too!) But there may be more than meets the eye and one thing to remember, everything your child says when they leave the other house is always not true and they may be giving the other side some terrific stories about why Mom said I need to ONLY WEAR these clothes, nothing else! Bottom line to answer your 1st question - yes, the mother sent the majority of clothes for our boys. We did purchase clothes and the boys were always welcome to take them home. However, we did have some pjs, shorts, etc.. that would stay simply for emergencies. Good Luck - I hope you can find a happy medium in a difficult situation!

1st you need to check your custody agreement to make sure what it actually says. Then, as lawyers always say-document everything! So, take your dig. camera and video camera and put them to good use. Without your daughter knowing your intention, take pictures of her leaving for visitation and when she gets back. Take pictures of the clothes and the bag packed before she goes and when she gets back. Video her (secretly) telling you about her visit with dad and the clothing situation. You can also make a small mark with permanent marker or a couple stithes with the same color thread inside the hem of the clothes you provide- from goodwill or salvation army, if needed. Once you have enough proof, go to your own lawyer and take your concerns to a judge, your concerns that your daughter's treatment is unsanitarty and unfair, not that you are the one shelling out the $ for clothes.

Don't be so quick to condemn your ex. Both a 2 yr old and a 5 ry old can figure out all on their own how to manipulate their parents. If you havent spoke w/ your ex, how do you know it happened that way? I'm not saying your children are lying so much as they are telling you what they think will be the best way to play mom off dad. Happens all the time.

You don't really know if it wasn't a case of your children telling stepmom "You're not my mom so I don't have to listen to you!" when she tells them to put new clothes on for the day after they have come out wearing yesterdays clothes.

Or it could be a case of your children are wearing an outfit they like best and want to wear it each day and since it causes a huge agrument they let your child wear what she wants.

Instead of that letter you wrote, why don't you just ask them. Then you can all come up w/ alternatives to what is happening now.

I am a stepmom and I had BOTH situations occur, plus the one you thought of 1st. But as someone else stated, do document everything. Including your attempt to resolve this amicably.

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