Dear Voyager and Stayed,
Thank you for your always wise, thoughtful and supportive replies. After I posted last night, I saw the thread on Children and OW/OM and was not surprised so many of us are dealing with this complicated and stressful situation. My daughter expressed today that she is having thoughts about becoming an attorney or some similar career to support and affect change for children in custody situations. She is frustrated by the courts increasingly standard decision that parents have shared custody. In our state, youth must adhere to the order of the court regarding custody and visitation until they are 18 years of age. Some judges take the child's views and desires into account, but most feel the best interest of the child is automatically served by having an equal relationship with both parents unless one has been proven unfit (not as easy as it may sound). The other parent can be found in contempt of court if she or he does not make the child go for visitation, and I just read an article today about a 14 year old boy who spent 4 days in jail for refusing visitation with his father. It's absurd, but a lot has changed with the court system in the U.S. It used to matter if infidelity was involved, but now states are No Fault and most judges don't bat an eye or even allow testimony as they do no see how it is relevant to support and custody.
I think my D has good reason to be concerned. If her father files for divorce and legally pursues custody, he is likely to get 50% or anything else he requests below that amount of time. D is appalled that kids are mandated to live in or visit unhealthy environments, morally questionable if not objectionable conditions, etc. And in her case the OW is someone she knew as my good friend and who was like a trusted aunt to her. D cannot and will not see OW as her father's partner in any stretch of the imagination, will not legitimize them in any way, and sees them both as reprehensible betrayers. Meanwhile her kids are allegedly "just fine" and will accept whatever (of course their father (also a LBS) started dating someone 17 years younger as soon a he filed for divorce against his adulterous wife, so he likes shared custody and having time for his new love. Good grief. They are all nuts. Marriages, families and children's mental health are not disposable, yet of the four adults directly involved in this, I am the only one standing and not with another partner.
Our D has clearly expressed her sentiments to her father, but he continues to disregard her as he did with the affair and quitting on our marriage and family. I am also concerned that D will be dissuaded from continuing counseling if he does not stop asking for the name of her counselor and trying to get information about her sessions. Unfortunately, many states do not have confidentiality laws for children, and even noncustodial parents have the right to access a child's medical and counseling records. Our D said this only discourages kids from seeking counseling and speaking the truth for fear of how it will impact them and their situation in the future. Grrrrrr.
Phoenix