Daddy’s Gone

This song isn’t really about my situation, but the pain and desire described in the song is the light version of what I feel, and my kids probably feel right now. I certainly hope things get better, but my hopes are pretty small. This song made me cry the first time I heard it, so its one that tugs at my heart. Be prepared, this post is likely going to be long and jump around. My thoughts aren’t clear and there is a lot I want to say. This blog is as much for me to get rid of some of my angst as it is for me to convey the very real issues I observe and experience.

I haven’t written in a while. I was preparing for trial, and then having to deal with the results emotionally. I don’t know that I will ever be able to recover from what has been done. I don’t know that my family will recover. If it does, it will most likely do so without me. It is clear to me at this point that there is no justice in the USA. The freedom and justice that our forefathers fought to protect was lost generations ago. Maybe from the beginning. In a letter to A. Coray on October 31, 1823 Thomas Jefferson wrote:

At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account.

I consider Jefferson one of the most astute of the founding fathers. It seems whenever I have disagreed with him, life teaches me that he was correct. I now take all his words to heart as I examine this grand experiment called the United States of America. I am going to break this up as much as I can into sections.

The Trial

Pre-Trial

I approached my ex and asked her if she would stand with me to have the schedule that she had agreed to before. She told me that she wasn’t in a position to go against the GAL’s recommendation. At the time, I thought it was a strange wording, but didn’t think too much about it. I now believe that she asked the GAL to step in, because she had given me a schedule, and that they were working together. Otherwise she would have expressed that she wouldn’t stand with me, not that she couldn’t. I have to remember that she parses words more adeptly than the best attorneys.

My Exhibits

I had presented a number of alternatives to the proposal that would allow me to retain my overnights with the kids, and to spend time with my oldest on a limited basis. He would not have overnights with me. I would spend an evening with him alone and a weekend afternoon with him alone, and I would spend an evening with him and his siblings and a weekend afternoon with him and his siblings. This would be on a two week cycle, so there would be 4 encounters with him and me. Two of which would include his siblings. We also had many pictures with us as a family. This last one should have been compelling, but it was really just one other thing for the GAL to latch onto that excluded my oldest.

Testimony

The GAL

He described a man who abandoned a son. I understand how that is the view of some. I have reasons for my behavior that have been discussed in this blog. I also have had many roadblocks that I simply could not get across, some financial and some put there by my ex, and some self imposed for the sake of the other kids involved. He described my home for the others being a Cinderella story. Not the good part, but that they were treated as the slaves in our home. Made to do unreasonable chores, and sent away without care. This is far from the truth. Again as I have discussed in this blog, they have very few responsibilities at my house, and I felt like I really couldn’t give them many without being accused of being a slave driver. He talked about a few examples of issues at my house. Each one was out of context, and a singular issue not an example of an ongoing issue. He presented his recommendation for parenting time. It gives me a few hours every Tuesday, and every other Thursday. I then have eight hours every other weekend.

The Ex

Her attorney only called her. She kindly made me look like a horrible person. She made a point that I made my daughter go to the daddy/daughter dance with my step-daughter, and got her there when it was half over because I took her to my wife’s grandmothers to get a picture. The truth is that I had told my step-daughter that we couldn’t go to the daddy/daughter dance at her school this year. It was the same night as my daughters. My step-daughter will have three more opportunities to with me. My daughter asked me to bring her. I told her that she didn’t have to do that. She still wanted her to come. I didn’t realize that a good chunk of the high schools where I was planning on having dinner were having a dance that night. After my first few attempts at getting into a restaurant, I took them to a nice bar and grill that I knew they would like the food at. To make things more frustrating, they lost my ticket and took an extra 45 minutes to get us our food. Instead of arriving at the dance less 30 minutes after it started, we arrived 75 minutes after it started. I felt horrible, and then it gets twisted in court to make me look bad on top of it. My lawyer challenged her with a few things, but all in all she didn’t say much. I should have encouraged him to call her as our witness as well, so he could get her more on edge. He was playing by the cross-examination rules, then when I took the stand the other two attorneys asked to have those tossed aside and tried to make my lawyer look silly for thinking they should honor cross examination rules.

Me

I was on the stand for over an hour and a half. First my attorney questioned me. I explained my position on things the best I could. He asked me mostly open ended questions. My ex’s attorney then asked a couple questions. She really didn’t seem to have any focus other than you shouldn’t like this guy, but she seemed a bit befuddled. I suspect she had heard a story that I don’t talk well and expected something very different than I presented. The truth is I don’t talk well when confronted by my ex. She is one of the few people who can set me to stuttering. I am thoughtful when I speak, but that doesn’t mean I am unable to speak off the cuff. My thoughtfulness tends to mean that on many topics I have already put a great deal of thought into what is being talked about. Next the GAL questioned me. Pretty much every decision I made, he twisted into being a poor one. He shouted at me, and badgered me. I did a fair job of answering the questions, even when he didn’t really want me to. At one point he shouted at me “They are just step-kids.” This pissed me off. If I haven’t shared my philosophy about kids here, then I must now. My answer was that I have adopted 3 children, and have had a few more as foster kids. Blood does not tie me to the child, and I did not take it lightly when I had my wife and her two kids move in with me. When they moved in, they were now one of my children, lacking only the legal piece of paper naming it so. I won’t treat them differently (at least intentionally) than I do the other kids. This is why I struggle so much with this. I honestly still don’t believe he is safe to be in the home with his siblings. He hurt them too. It became apparent to me that the GAL was focused on the wedding ceremony we held that wasn’t legal. We were not able to get married because my ex would not allow the bifurcation to happen. We were married a little over a week after the divorce was final. Funny, my wife has the same legal anniversary for both me and her ex. We will celebrate the date we made the commitment.

My Wife

She was rushed through, since the court needed to finish. My lawyer called her and had her talk about her relationship with the kids. My ex’s attorney then cross examined her. Again I was not real sure what her point was. It was an odd mixture of questions. The witnesses were told to wait in the hall, so they couldn’t hear the other witnesses. A partner from my law firm was in the courtroom, and left. She tried to insinuate that my wife’s testimony should be thrown out because she talked to him. She merely introduced herself. The court had no issues with her. It would have been an ethics violation for him to say anything regarding the testimony since he heard the instructions, and he too is an officer of the court. The GAL attacked her on treating the kids poorly and having separate rules for the kids. There are, but they he has them flipped. Her kids are held to more accountability than they are, even though they are quite a bit younger. He also went after her for the wedding ceremony, and so did my ex’s attorney. They were picking at her words. She did get angry and lashed out a bit, but she kept it pretty much under control.

The Judge

The judge ruled in favor of the GAL. She gave an eloquent speech that this was only temporary and that it should be looked at as a reset for me and the kids. My wife and her kids are to have no contact with my kids. My lawyer told me she was leaning that way in chambers. Apparently in another case this worked. I doubt that the other case actually resembled ours. It was probably an absent father, who was then encouraged to be active with all his kids, or some other issue that wasn’t a direct result of his child’s actions. I also got a hint that there was something not being said. I will get to that in a bit. She handed over the decision making to the therapist that has been working with my oldest, and now the other kids. The GAL has less authority than before, but that doesn’t mean he isn’t a factor.

The Take Away

There is a small hope the therapist will have a different view of things. The focus is largely on my oldest who is 15. We will see how things go from here. Every time I turn around, I get smacked in the face, so expect no less here. I actually will address this in my next post. I got the distinct feeling through the GAL that the story that is in his head is the one where I ran off with a new young wife and left my family floundering. That I stopped caring for them, and treated them poorly. The timeline does not support this, but his direction of questioning and his atitude seem to indicate that is the story he has bought. Or at least a story of I didn’t let the kids adjust at all. Our separations was 18 months before I ever introduced them to anyone, and that was my wife. I was not incautious in that decision. She wasn’t the first woman I dated. I did not want to cause havoc in their lives. I really do think it is just a matter of time until I lose my right to contact with my kids. The process is just whittling away at what I have. There isn’t much ore that can be taken away. My kids are pre-teens and teens, they aren’t going to be happy with the schedule that is being proposed for long. Pretty soon they will be asking to not have to do it.

Ten-Foured,

JeD

Justice for All

Our Lady Of Justice

This song says a lot about our legal system. There isn’t much point looking for justice in this system. It is a system that feeds on itself to ingratiate and enrich those that are in the legal profession. It really is a den of thieves, and if you have never had to participate in courtroom hi jinx, count yourself lucky.

I am going to stop hoping for my case to be near an end. At this point I have to accept that it will continue for the next 7 1/2 years. It won’t end until my children are all grown, and that isn’t going to be until June 2022. I used to think that was a long time. Now I know that it will be here in the blink of an eye. Too bad when I blink, I get sucker punched every time. Court has been a scary place for me. Sadly, I am not afraid anymore. I also have no expectations that I will receive fair treatment. In criminal court, lawyers may play fast and loose with the law, but ultimately they have to find some boundaries within the law. In family court, the law is a flimsy thing, and the room for interpretation is so large that a judge is given the leeway to do whatever pleases them, so long as there is a motion, and a child to rule in their best interest to justify the decision.

First the positive. My divorce was bifurcated on 12/31. Nearly two years in court and 18 months of asking for this, it was finally granted. I am now married to my new wife, who I had a ceremony with a year before to the day of my divorce bifurcation. To add to the irony, we eloped and were married on the same day she was married to her first husband. I hope this one turns out better for both of us. There won’t be any children to complicate things. Right now we spend most of our time dealing with the all the fun my ex creates. I still believe that marriage can work, but I also have the common sense to know that I can’t make it happen by myself. Too bad I didn’t have that sense during my first marriage. I would have ended things before we had kids together.

The GAL had threatened to recommend something less than standard visitation if my ex and I did not agree to something different. She and her lawyer had come up with a parenting plan and threatened that we would go to trial if I did not accept it. It was pretty poorly written. I offered some edits and corrections for holidays and such. No major changes. The plan allowed for me to have the kids for a 5 day stretch every two weeks. I wasn’t happy with it, but the block of time being contiguous allowed for me to have some good time with them. She seemed okay with the deal. If you recall, my oldest son cannot come to my house, because he sexually abused my stepson. So the schedule had to do with my other 3 kids. I struggle pretty much everyday with what my relationship can be with my oldest considering what he did, and the fact that he said he did it because he didn’t want to live with me at all. He is now the crux of the arguments used to judge me as a poor father. My oldest son is back at his mothers. The GAL decided that he needed to chime in on our parenting plan, even though he said he would let us alone if we had agreement. He thinks I should have one evening a week, and 8 hours every other weekend. My wife should have no contact with my kids, and no overnights. This is not a plan that could work in the long term, and for me to have any real time with my kids, they would have to miss their activities. Which if you have been reading this blog for long, you will remember that the GAL has a real issue with my kids missing activities for family things when they involve me.

I was told that the GAL has been having regular conversations with my children, and that this is inline with how the feel about me and my wife. My wife picked up the kids from school the day we heard about this. She had gone to the orthodontist and picked up some wax and rubber bands for my son. She had also gone to the pharmacy to get him some cold sore treatment. My son made a point that he wanted to leave some of the stuff at our house so he didn’t have to take it back and forth. My wife started crying. The kids wanted to know why she was crying. She told them what the GAL was recommending, and that there is a real risk of us losing our time with them. The court won’t like the conversation that we had, but over time their mother has had a chance to expose them to what is going on in court without any reprisal, and at this point we had nothing to lose. I told the kids that if they wanted their voices heard, that they needed to make sure that they were sending whatever they wanted considered to the GAL. I told them to make sure that their voices were heard, and that not me, their mother, or the GAL were filling in the blanks for them. None of them remembered communicating with him anytime recently.

To add to my suspicions that there is something wrong, there was a weird texting incident the other weekend at my house. My two oldest and my ex all share an apple account for their iphones. My daughter was having great fun, because her phone was sending and receiving texts as her brother. She was messing with her brother by sending texts to his friends. He wasn’t getting them either. I suspect that my ex was tinkering with the apple account so she can send texts as the kids while they are at my house. It is a fairly simple thing to do, because apple wants you to be able to use any of their devices to communicate as yourself. I can do the same for my step-kids with the apple tools or with the google tools, since they are using google voice for their phones.

With nothing to lose, I am forcing this to trial. The judge will ahve to rule on the issues. She is going ot have to put herself on record regarding the issues. She is going to have to leave herself open to appeal. She also is going to appoint another party to interview the kids, because everything is hearsay regarding the kids. In my state you cannot cross examine a GAL, so you need a third party to verify what the GAL is saying. Recommending that I essentially get no time with my kids makes it so I must challenge everything he is saying. It is possible that with enough crap exposed I could get my time back to 50/50 or better. There is also a risk I could lose it all. Pray for me and my family.

Ten-Foured,

JeD

Time Is Love

where is the love?

This is something I learned while working in ministry. That’s far in my past, but the lessons learned about relationships still ring true. Time is love. I talk a lot about child support, and the harm it does. This is the flip side of the argument. This is where things hurt worse. Losing authority in my kids life through child support is something I can’t stand, but it is how the system works. A system that needs to change. This is the less tangible side of the problem.

If you have ever been involved with youth ministry, there is the idea that is passed on to the leaders that “Time = Love.” I used to think it was just a phrase to motivate you, but as I saw it at work, its true. People feel loved by you being available to them with your time, and choosing to spend time with them, when there isn’t anything in particular to do together. Just hanging out. Young men do this naturally with each other. As we grow into adults we don’t continue to do this as well. We get busy, and doing “important” things becomes more pressing than just spending time with people. Friendships become less important than colleagues, we even pretend that our colleagues are our friends to try and fill the gap, but it doesn’t work. In the end we all become a little lonelier.

Our kids need time. That is the only thing that matters. They will remember hanging out while you work on the car or fixing a bike or even cleaning the kitchen. These are the times that you talk about life. These are the times that you transfer your knowledge not just about the thing you are doing, but you get to talk about your experiences from the past that can help train them, and they get to tell you their stories that explain how they are being shaped for life. This can’t be replaced by the car rides to practice or games. The conversations just aren’t as organic as they are when you are just doing life. I think this is especially true for men and their children.

The same attitude gives mothers the advantage in custody. The tasks are more important than anything. Mothers tend to be more attentive to the tasks of child raising, especially when there are two parents involved. All custody cases really seem to focus on the kids in such a way that if you read the documents involved, you would think that that all children function at the same level as toddlers. The basic care and feeding of the children is the focus. The end result of mother centered custody is the kids don’t get the benefit of a father who forces them to care for themselves while being the safety net. A father who draws them alongside them instead of just ordering them around or just taking care of them. Children deserve a mother and father because they balance out each other. Yes a man has usually acted as provider, but he should be allowed to do that on his terms. The current system reduced him to a wage slave, and that isn’t the role of father. He is a provider, and in that role he also gets to train his kids about providing for themselves.

I have yet to see a man who is an active father who doesn’t provide for the needs of his kids. These are things that when raised to the challenge of being a single or divorced dad that most men just do. All of the things that the court make all important about the kids are taken care of. I have also seen very few mothers who are very good at teaching kids to leave the nest. I don’t know how many kids from single mothers who don’t learn to ride a bike until they are much older than the kids raised with an active dad. This might sound stupid, but allowing the kids to crash is part of teaching them to ride a bike, and mom’s aren’t very good at that. The pictures you see of men tossing babies in the air that so many people like to make fun of, but the truth is this is part of men teaching their kids to fly. In healthy families kids look to their mom for comfort, and their dad for security. Even as a baby they learn that their dad isn’t going to let bad things happen to them, even when something scary is happening.

Kids are being robbed of their security through divorce and the courts. Men have to figure out how to put the wrongs away, and do their best to still be fathers with only 1/3 or less the time they had before. Any justification for this falls on deaf ears with me, because divorce changes everything. The idea of keeping this normal for the kids is lost in divorce. Pretending that you can come close is absolute bullshit. Women are being rewarded with money and power for keeping the fathers at arms length and limiting their time. Kids suffer for this. The become unsure of themselves. The person who was their security is struggling to care for himself now. He no longer can pay for the things he used to, and their mother can, but she can only because she receives money that the father cannot talk about. None of this makes the children feel secure.

Relationships are not about quality time. They are about time. The children deserve the most time they can get with both parents. They need the comfort from mom, but just as much they need the security of dad. This is something the court doesn’t recognize. The long term ramifications of kids who fail to launch don’t seem to matter. All that matters is that the kids succeed in school, and don’t go to jail. The system is broken. It doesn’t account for all the intangibles that ultimately matter. The court can’t account for them, but it can take a more neutral stance. One that says that parents are required to take care certain aspects of the kids needs, and each should have to do it.

Kids need time with each parent, and lots of it. When the parents are thinking of the kids, then they will do this naturally, and ultimately when the parents are left on equal footing with equal time and responsibility for the kids, then this is much more likely to happen. The parents are more likely to work together. It doesn’t matter how many words are used to say that should occur, it wont’ occur so long as the parents aren’t operating from equal footing. The courts do a huge diservice to the kids by not working for the parents to have equal footing in most cases, especially cases where the parents are both able, willing, and in close proximity to each other. This is something to fight for. This is the case to make to our legal overlords.

Ten-Foured,

JeD

Income Based Child Support – Defacto Alimony

Buffalo Bills - Alimony Ale

The more I think about this, the more it is true. Any form of child support that is based on someone’s income is defacto alimony. Alimony is based on the principle that a man’s ex-wife deserves to be supported near the same level she was in the marriage. That she has become accustomed to the lifestyle, and thus deserves it. This is one of those ideas that drives me nuts. Its not a right she had in the marriage. Its a principle that encourages divorce if the man is losing his income earning potential. If his income is dropping, then so will her lifestyle, but if she divorces him before or at least early in the fall, then she can get herself a guarantee of the lifestyle they have, even if he falls to a point where that is unsustainable. Sounds ridiculous, but it is how things work, or worked. Since most states have limited alimony now instead of lifetime alimony.

Anytime a there is a new right gained through divorce that didn’t exist in marriage, there are going to be issues. The principle of alimony is based on rights that don’t actually exist in marriage. She is a guaranteed beneficiary of his income through divorce and alimony, even though in marriage she was not guaranteed this, but naturally received something similar. As the wife of this man, his income naturally benefited her as it did him. Other than the fact that alimony indentures or enslaves a man to his ex-wife, the further problem is it only looks at income to determine what is the correct amount. If we were to ignore the first problem, and its hard to ignore, then it would be more reasonable to determine what was spent on the lifestyle, and then determine the amount that should be paid for alimony. Most high income earners don’t spend anywhere near the totality of their income for their lifestyle. Alimony was a treat for the rich in divorce that has been extended to the rest of the population. When the rich paid alimony, they often had the resources to continue living their lifestyle as they always had, at least when they only had one ex-wife. The middle class on the other hand are struggling to save a little and maintain their lifestyle. There simply isn’t enough income for both parties to live a similar lifestyle as before. This has taken time, but it has made alimony look like a bad deal.

Now all the same arguments about lifestyle have been applied to the child support calculators. The children suddenly have a right to a lifestyle. Most children are granted primary residency with the mother, so the father has to pay child support to her. There is a practical aspect that says that one parent needs to pay for all the needs of the child. Its too difficult to manage otherwise. I am not a big fan of the law being practical, because whenever it is people’s rights are stomped on. This is no different. Children have been given the right to a lifestyle that the parents provided. This benefits the parent, usually the mother, that has the primary residency of the children. She gets the money to spend as she wishes. If she isn’t taking care of the kids basic needs is the only way that how she spends this money gets scrutinized. Effectively alimony has been rolled into child support. Giving the children a right to lifestyle and building it into child support does this.

Since half the population stands to gain from this system, its hard to fight against it. Fathers have been made into indentured servants for their children. They are forced to work at certain level to maintain their children’s lifestyles. Both alimony and child support have many means to freeze the current state as they see fit. You must go back to court and get approval to lower the amounts. The court is under no obligation to lower the amounts, even in cases where the payer has lost income earning potential, but they are obligated to further raise child support if the earning of the payer increase. The payer will not be allowed to go to school to better their ability to earn if it means earning less. Many men become trapped in jobs that have no upward mobility, because they would have to change jobs and accept a lower salary for the time being to regain headroom in their ability to earn again, and they cannot afford the support payments and earn less.

I hear the arguments for this type of child support and the means for enforcing it. Many come down to the idea of why should the children suffer because the father has made bad career choices. the constant drone of he is obligated to pay for his children. The seemingly irrefutable argument that children cost way more than the child support that any man pays, and that the mother is shouldering the majority of the burden. The first idea is flawed. If the parent suffers financially, it is natural the children will suffer as well. When married parents have financial difficulties, the children feel them directly. A false dichotomy has been created when the parents aren’t married, where the only parent’s financial problems felt by the children is the residential parent. The second argument seems to assume that the only way a father can pay for his children’s needs is through child support. I have argued before that most of these problems are already solved with criminal neglect laws. If the father is not supporting his children, and they are neglected, then prosecute him. Most fathers will spend what is necessary to care for their children without ever having to see a court room. The third argument really depends on the financial status of the parents. Most middle class and above situations don’t fall in this category. The father’s child support pays for 100% of the kids expenses, including the extras-curricular and luxuries. There is enough left over for the mother to better her lifestyle as well. In most cases the mother is not required to expend any of her resources to care for the children. This includes the costs of a larger home and vehicle to use for the children.

The natural way of economics in familial structures is very different than what the family court imposes on people on a regular basis. Children and others benefit from the income of those they live with. No one has any obligation to care for those who don’t live with them. Children really aren’t much different. So long as the children are properly cared for, it should not be the business of the court how this happens. Shared parenting would allow the children to benefit from both parents and their abilities. The system now allows the children to benefit from both parents, but they never see the reality of this. They see one parent providing, while the other parent does not. Often the parent they see provide for them isn’t shouldering the burden, because they have taken the resources from the other parent to do so. It would be natural for the children to have to pull out of sports or other activities during a financial crisis, and for most families a divorce constitutes a financial crisis. The family would eliminate unnecessary expenditures to free up the money to pay for the crisis. With support, the residential parent is allowed to do this. They can even use the support to do so. The payer is often left with so little discretionary income left that they are unable to dig out of the crisis until such time that they are no longer obligated to pay support.

I have seen this play out in my life. It hurts to see her be able to eliminate the debt in her life, while I am called by creditors. She has a newer car, and can afford to repair it on a regular basis. She can provide the things I would want to provide for my children. I am left with debt that I won’t be able to pay off for years to come. I have to shop for gifts that I hope they see the meaning in, because they are of little real value. I am not able to provide the luxuries that I would like, while they have them at their mothers. Many would tell me to be happy that my children have these things, but when their mother is able to gain credibility in their lives through these things, and I cannot provide the things I would choose. My income is used to provide things for them that I may not choose to do so. Simple things like TVs in their rooms. I would not approve of, but they have them at their mothers, and my income paid for it. i Phones; I would never purchase these for my children, but they have them using my income. These are just a couple of things that I have lost say in, but am required through support to pay for. My children benefit from my income while I do not.

The only thing that most women lose by leaving the fathers of their children is access to the man and his skills. The man is often shamed for not providing these things. If there are boy children, they often take advantage of them for these things. The man loses so much more. He loses his income, significant time with his children, his authority in his children’s life, and his ability to be seen providing for his children. The children only see their mother providing, even though the resources she uses came from their father. The cost of divorce lies squarely on a father’s shoulders, and all too often they aren’t the ones who initiated the divorce. Many like to say the cost is bore by the children, but that is only true because of the losses that happen to the father, or in rare case the mother. The children would be much better off if the parents were told to figure things out, and take care of your kids together. Let nature takes its course with the parents, and there will be less animosity and fighting. We need to stop using the worst examples to set how we are going to handle the average cases for everyone.

Ten-Foured,

JeD

Letting Go

10 of 365 - Let Go

This is something I am not good at. When I take a Meyer’s-Brigg’s personality test, I always get INTJ. I have found this tool to be very accurate in describing how I think and react to things. This type is rare, and struggles finding people to associate with. We are not understood well, and though we understand others, we don’t see value in acting on things that fit right, so we easily discount others. This makes relationships hard, but one of the things often associated with an INTJ is loyalty, so once a relationship is established we will fight for them. I think my story shows how willing I am to do this. Lets break down my personal perspective on being INTJ before we get to far.

I – Introversion preferred to Extroversion: This means that social interaction costs something. It can be tiring. This does not mean that I am not social. I am very social. I am not energizes by being social I seek time alone to recharge my batteries. A relationship that cannot respect this about me will not be valued.

N – Intuition preferred to sensing: I see the big picture, and tend to focus on that. When I get into the details, I am very good at figuring them out with my sights on the big picture. The problems tend to come when I allow perfectionism to blind me to finishing the goal. I can get mired in the details, and fail to ever reach my goal. This has happened in my divorce, and it happens a lot at work. Its a constant topic with my boss. He gets it, and its his job to kick me in the head to shake things up. We have a good relationship in that way.

T – Thinking preferred to feeling: Logic is the greatest thing for making decisions. Social constructs don’t matter much to me. I will try to reason my way through the world. This works great at building and designing things, but it doesn’t always work well in dealing with people. People don’t make sense. They are illogical. I often can predict what someone will do like I am living in a video game, but I fail to find the capacity to act on that knowledge because it doesn’t make sense. This is something that I am working on.

J – Judgement preferred to perception: Predictability is the core of this trait. Decisions that I will make are not hard to figure out. I have given you all you need to know to know how I will react to something. Most often this trait is one that drives early decision making. I don’t tend to this. This is also in the more comprehensive tests for me the lower case version. It is my weakest trait in the INTJ or INTj. I come close to the middle on this one, but always have fallen to the J not the P.

I explain all this, because what I have been going through has really torn at my core. The person I chose as my mate has turned against me in the ways that hurt the most. I struggle to show emotion. I don’t always process emotion in the moment. When I do, I am surprised by it. My family has changed a lot since I started this process, and that is where things have gotten messy.

My Dad died two years ago. I miss him everyday. He was very different than me, and we had great arguments. The best kind. I never doubted I was loved by that man. He and I didn’t always see eye to eye, but we knew we could count on each other. I know he had brain cancer, but he died not believing in me. I struggle with that every day. I don’t know how to resolve the feeling that go with that. He saw me as a failure for the first time in my life. I know that his cancer affected how he perceived things, but it still hurts like a son of a bitch to think about it.

While my Dad was sick, my sister pushed me out of my mom’s circle. I was no longer someone she called. I didn’t see at the time, that my sister was doing this, but as I look back, I see that she was actively pushing me out of my mom’s life. A little less than a year ago, she stopped talking to me. I don’t know why. She withdrew almost completely. At family events, she talked around me, but almost never to me. She began talking to my ex at events more and more, and now openly treats her like a sister while ignoring me, and insisting that my nieces and brother-in-law do the same. I haven’t had any significant time with any of them in quite a long time. My sister gets my kids together with hers by going through my ex. She actively rejects my step-kids. My step-son cried to his mom why his aunt doesn’t love him anymore.

My mom recently decided to make a huge issue out of a small issue. It revolved around my current wife. She has tried to force me to push her out. She is looking at things as if the marriage ceremony and vows don’t mean anything, because there is no legal license to go along with it. She wants me to choose her over my wife. That isn’t going to happen, as anyone who understand me or any other INTJ for that matter should know. My mom remarried on the day before my birthday. She did so on the down low. She didn’t want to be judged for living in sin.

My new step-father, a man I thought was going to be a good thing in my life has chosen a very poor course with me. He decided to step into this fight between my wife and my mother, and even my and my sister. He challenged me by emasculating me. He became the great white knight. He tried to cut me down before them, and insult my manhood. Its something he doesn’t belong in, but he put himself into the middle of and made it between me and him.

I will write about the details of all these things next. I am writing this because the results are hard for me. I have told my step-father that I am done with him. Those were the words he told me if I didn’t do what he expected. My sister doesn’t talk to me. I told my mom that we needed to take a break, because she isn’t hearing anything I have to say. I have to let go. Its time to let go.

Letting go is not something that I do well. I have to let go of the things I can’t control. I have to let go of what is right, at least in my case, when it comes to the family court process. I have to let go, because I will be called on to help others who are going through what I have gone through. I have to let go of the fatherly relationship that I desire. Mine is gone, and this man who married my mom isn’t going to fill his shoes. From what I can tell he already has a son like me, and isn’t interested in him either. I have to let go of my sister. I don’t have the emotional cycles to deal with whatever she isn’t talking about. I am not going to pretend that I am innocent. I just don’t know what is bothering her. My mom has chosen to be more selfish than I have ever known her to be. I have to let that go. She isn’t hearing me right now. She may never hear me again. My father may have been more the translator than I ever thought he was for us. What I can hold on to is the fact that my father and his father are the only men who loved me for who I am, and accepted who I am as well. That is enough.

Ten-Foured,

JeD

Co-Parenting?

Rome visit, June 2008 - 57

There is a lot of talk out there about co-parenting. For those who have not been through the courts recently, co-parenting is the new term for working together as parents living in separate households. You have to take some type of court ordered co-parenting class when you divorce with kids now in most jurisdictions. The Federal government has encouraged this through legislation and incentives. The classes are a few hours long if they are provided through the county or court services. Some courts allow you to find a qualifying program on your own, and some require you to do it as more of a joint counseling session. This is really a part of the child centered divorce movement. Something that I have talked about in the past. Something I think at best is a bad way to raise kids, and at worst is a manipulative idea to sugar coat making choices that benefit others appear to be for the children.

The idea of co-parenting is sound. The problem is we are dealing with people, and people aren’t always logical or fair. To further exacerbate the issue, we are dealing with people who are naturally in the middle of a conflict or more likely multiple conflicts. Sometimes the core conflict is raising the children. If this is the case, then co-parenting is not going to be a reality. The best these couples can hope for in the future is some form of parallel parenting. If divorce is founded in a power struggle of any kind, it is going to create a power struggle in all aspects of the relationship, at least in the short term following the break up, but it could be a long term proposition regarding the children. If the divorce is founded on the basis of growing apart, we are dealing with a couple where one or both are feeling like the other person did not hold up their part of the deal. There will be some animosity from one or both people, and that will lead to conflict. The most likely place for conflict to play out is regarding the children, because in the end the assets will be divided and you will have yours and they will have theirs, but the kids are still shared. Immediately after separation there are some key points of conflict. The income that each have coming in. This is intensified if one parent doesn’t have any income of their own. Each person feels like they should have the fruit of their labor, and when one person’s labor was for the benefit of the household without pay, they tend to feel entitled to as much of the other person’s income as their own. Physical assets and cash become the next issue. These are things that the parties can put their fingers on and feel. They want as much of that as possible, especially since up until a short while ago, they were all at their disposal. Cars, homes, jewelry, cash, and just stuff become the prize. Savings, investments, and debts come into play next. These things are usually handled the same by the court all the time. They are the easiest thing for the court to figure out. Neither party wants any debt, and both want the assets and savings, but these will be split quite easily by the court. I have made recommendations on handling all these things in other posts. I will beat that drum again fairly soon. The last thing both parties have to fight over is the children, and they can fight over this until the children are grown adults, and then outside of court until the day one of them dies.

In theory co-parents will work to be on the same page in decisions, and provide the kids with a united front in the same way that parents do when they are together in the same household. A major problem with this idea is its based on a view of the family unit from the outside looking in. When parents are together, the united front is often only a public view of how things work. Everyone presents a similar face to the world, but what happens in the home is often very different from household to household. Some separated parents can provide the same face, but more often than not the rational of making your family look good to the outside world is outweighed by the desire to make the other parent look worse than you. Sometimes one parent wants to make the other look bad, but in all cases each parent wants the world to believe they are the better parent. In the real world parents aren’t always on the same page in intact homes. They usually have a line that they require the other parent to be respected by the children. They agree on most major decisions or have a way to mitigate them. One parent will allow the kids to cuss a little, and the other might let them have sodas at restaurants. Usually the parent who feels the strongest on something rules that thing when they are together. This doesn’t have to change when parents are not in the same household, but it usually does. I blame the courts for this. Undermining one parent gives extreme advantage to the other parent in court, and comes with the potential of cash flow. The courts are built to handle conflicts. More than that, the courts are built to be adversarial. The people who we hire to handle these affairs have trained to be in these courts. The entire system is set up to increase conflict, and though the system preaches to the parents that they need to get along and figure out this parenting thing together, they encourage conflict in their very nature. The fact that there is an opportunity to get some advantage over the other person is the problem. The odds that both people are completely reasonable during the initial breakup and divorce process are fairly small. The odds that one person is so apathetic as to not care is also fairly small, so we throw these people into a system where they can ask the court to decide. Their actions are justified because the court as an authority has decided it as so.

Reality is most couples could figure this out on their own. Most have done it before seeking out lawyers. They have working plans and share responsibilities with the kids in a way that both are satisfied, or at least content. Neither parent has lost anything through the court process, so they can bend to make things better for the kids. This is the only time in any divorce that the kids are actually being looked after. During this time, parents will often work out whether and how to celebrate events together or not. Before lawyers and judges are involved, I have observed that most couples do just fine taking care of the kids needs, and continuing to raise them together. So much of the legal process is based on Federal Welfare benefits, and the government not being saddled with the bills for these children. This isn’t the economic reality for most families in the West. Most families can separate in a way that both parties can move on without going to the government for handouts. For a year and a half all my kids bills were paid by me, and I was able to live my life without struggling. My ex was able to take care of her bills, and though she struggled, she decided to keep her job with the school system, even though she could double her money as a skilled nurse. This decision was fine with me. It had little bearing on me. My kids had all they needed, and were able to stay in their activities. She was free to do what she pleased to take care of herself. The court doesn’t care about the example already set forth in this year and a half. Custody laws provide that someone should have to pay child support, and so once the lawyers were involved, hers sought to increase the amount to the maximum amount possible. The end result is I struggle a lot to make ends meet now, I owe lawyers 5 figures, she pays for all the kids things, and somehow doesn’t have money to make ends meet on a regular basis.

Co-parenting is a misnomer. In some ways its like snipe hunting. Its something that each family figures out over the course of time if left on their own. While the courts interject themselves and so often rob one parent of their rights in the name of the children, there is no real hope of co-parenting. A successful co-parenting relationship makes it hard for their to be a winner. The system really doesn’t care about the children, not in any way that matters. It is really only concerned with the money. They are less likely to be overruled if one parent is made out to be sub-standard, and the other one the gold standard. The court has to choose what aspects of parenting are most important. Right now those things are the things that mothers do. I don’t know if that is a result of deciding that mothers should raise kids or mothers raising kids has caused the bias, but there is a bias, and the court uses it to decide which parent to punish and reward everyday.

The biggest lie I here is that the real losers in divorce are the children. So long as the courts continue to pick sides in divorces that there is no reason to do so, the real losers are the kids and the dads. Dads lose so much time that they rarely get the big moments that naturally occur in their kids lives. If they do, its dumb luck or through a video the mom chose to send him. The kids lose the strong comforting presence that a father provides. I see this in my home. How much the two kids who live here all the time crave that, and how threatened they are by my kids coming over. I shouldn’t have to wait for her to screw up, and then go after her for the kids. The ongoing nature of custody cases makes it almost impossible to to develop a healthy relationship unless one parent quits. Too often fathers do give up, and the do so for the sake of their kids, and maybe for their own sanity. If I have any hope of finding solid financial ground anytime soon, I have to give up. There comes a point where I have been told that I am no longer the protector of my kids. I have been usurped by the government in that role. If it were another man, I would be able to challenge him, but I can’t beat the government. They have the power to take more and more away from me. I hope the years that I was there everyday, and the time we have now is enough to be a fixture in their lives as adults. I don’t know, and won’t until that day comes. Co-parenting is the big lie that I have to deal with. I am told to co-parent with her, but since she has the time and the resources, she gets to make the decisions. I might be able to get the court to call her a bad girl later on, but the decision is already made.

Ten-Foured,

JeD

The Lost Boy

Lost City

I have posted about my son multiple times. For lack of a better term, we are estranged. What he did in my home is hard to forgive, and unforgettable. I don’t know what our relationship will be over the next few years. I am afraid that when he returns to his mother’s house, that she will push him over the edge, and that he will get bounced back into the system, and never recover. More than any of my kids, I really have no idea how things go for him. With the others, I can imagine personality traits and other possible futures for them. For him, I see nothing. I can’t predict in my imagination where things will go. So much of what he is interested in are lost to him for what he has done.

I love my son, but have no idea how to help him. The pain he has caused and the malice that it was done with terrifies me. I wish his mother would let him walk this path more alone, because I do believe that his success will come only through him doing what needs to be done. He needs to change his thinking. He needs to see how the future looks all alone, and decide how he is going to change that. Her volatility with him scares me. I don’t believe that he and her have fixed much at this time. I think that that she will return to her old ways with him, when things become tough. I truly hope that I am wrong. This would be tragic, and it would start off his early adult life in and out of treatment centers and some form of incarceration. Most people are not able to recover from this.

I think that the GAL is likely trying to pressure me to change my life such that he can live with me full time. I have struggled to understand exactly what he is trying to get to happen, but this would make sense. If he has decided that I might be able to provide the structure that he needs then, he would think that he needs to force me to do that. I don’t believe that I can. Not and still have a life with my other kids. I would have to move to a place where I can provide the controls that he needs, and I would have to dedicate almost all of my time to it. I have said this before, and I stand by it. I can’t sacrifice the other five kids involved for the sake of one. I believe that doing so would create more problems with the other five, and the greater good of everyone would not be served. I struggle a lot with this. I used to believe I could do it all, and I could save the world. Now I realize that I can barely save myself, and that is yet to be seen. I need to know my limits and abide by them to be effective for those that I care about.

I met with my son and his sexual abuse counselor last week. He had a letter for me. The letter was a pretty standard therapeutic apology. When he spoke, I heard for the first time that he understood the impact of his actions. I gave up a long time ago that he would understand that his actions weren’t justified or right because he wanted them to be. My hope has been that he will learn that the impact of his actions on others matters, and that he needs to see past his own desires and impulses before he takes any action. He showed hints of understanding the actions were wrong. It was the best I have seen him in a long time. I still fear that he is duping everyone, and will move forward doing as he pleases. He is heavily medicated, but seems to tolerate it well. This makes me wonder just how strong his will is, and how he will handle coming back to his mothers at semester. I do believe he is in the right environment right now, and wish I could find a way to keep him there. The structure and discipline seem to be working. He is on a path where going from high school to the military would probably increase the foundation that is being built. He showed genuine remorse over not being able to be in my life the way he would like to be, and understanding that it was his actions that led to this situation. I saw him try to work up the emotion when he was talking, but there was a turning point where his real emotions came out. I said at one point that there are a lot of people involved who view my responses to the situation as wrong, but that when I view the complete picture, I cannot abandon the victims in this. This is what he threatened them with. I see the damage done everyday. I see the pain the little boy feels, and have to find ways to help him through it. The wounds are still raw a year later for me, for him, and for his mother.

I call this post “The Good Son,” because like the movie, he is charming and most people wouldn’t believe the things he does. At one time I was duped into believing it was just his relationship with his other, but he was working both of us over pretty good. With her it was escalate the anger, and with me it was tap into my compassion. She also used him for her advantage. They aren’t that different in many ways. Would things have been different for him if we had gone our separate ways years before, I don’t know. I suspect that root of his issues started when he was a baby. His genetics combined with the type or lack of nurture he received in his home with his biological family created his inability to attach in healthy ways. He has coped with this in some very unhealthy ways, and was far smarter than anyone gave him credit for. Sometimes I wonder if I have watched a serial killer grow under my roof, and other times I wonder if only he could recognize the broken pieces inside of him, then maybe he can find a path to a healthy life. I wish life were neat and tidy, and things worked out for the best. I don’t believe that they do for most people anymore. Many people convince themselves that life is great, but in reality life hurts. That is the feeling we have the most of. Its time to find a way out of being stuck in past hurts, and that is part of the reason I write this. It is therapeutic, and helps me let go of things that are stuck in my brain spinning round and round until I am exhausted. I don’t understand illogical responses things much, even when I factor in emotion. I would like to believe in karma, but my life shows no evidence that when someone does things without thought for others, that they are paid back in some cosmic way. My life tells me that those who don’t care for how things affect others will get ahead in life, and have most of what they want. People want to be around them, because they are judged as successful. Those who care for others are treated as weak, and tend to be societies s losers. Its enough to make you want to drop out of society and exist as far off the beaten path as possible. The life of Daniel Boon sounds really great to me most of the time.

Ten-Foured,

JeD

The End Is Near

The End is Near

I know I have said this before, but the judge is done. She wants us out of her court. The lawyers realize that we have been drained of our resources to a point where we cannot afford to do go much farther. I come out the loser in this, and it is just a matter of how to mitigate the damage, so that I am able to start out on a stronger footing. I started this journey hopeful, and I have lost most of that hope. The system will destroy any hope you have, especially if you are a man. The fact that we are litigating things that shouldn’t be litigated in our society is sick, but it is the way things work. The system is designed for winners and losers, so don’t let anyone tell you that there is suck a thing as a good divorce. The only good divorce is one that never sees court.

For those who haven’t read my story, here is a little background of how we got here. My wife left me in July 2011. She was going to seek happiness, and thought I should do the same. She moved from the small town that we lived in to the suburbs. At first I paid for all the kids expenses, but she was wanting child support. We shared time with the kids equally. She filed for divorce after I met someone else. It was about a year and a half after she moved out. I had abandoned our home to live closer to where the kids were going to school. She demanded child support when she filed. My lawyer made it pretty clear, though I wasn’t listening, that if she didn’t want shared custody, that I wasn’t going to get it. I had this pie in the sky idea that the what the legislative branch codified into law was going to be honored. It wasn’t, and the lawyers were right. Over the summer of 2013 my son sexually abused my soon to be stepson. He was almost twice the kids age. My son had emotional issues, but they generally were only issues at his moms. She used his issues to objectify my soon to be wife and her two kids. My time with my kids has been reduced once already. Just enough to knock us off of equal parenting time, and to increase my child support by more than double. I went to a 6/8 split on every two weeks. I either had the kids for four nights or two nights on alternating weeks. There is a lot more this story, but I will leave that up to you to read my earlier posts. If you are curious start at the beginning. I walk my way through everything in the first posts of the blog. I spend very little time with my oldest. I cannot face what he did. He threatened the other boy with losing me if he talked. This boy has already lost his daddy in divorce. His daddy chose to walk away without a care.

I haven’t received the new parenting plan, but I have been told that if I don’t accept it, then we can go to trial. I have been told by the GAL that he would recommend less time with my kids. I have always wanted equal time with my kids, and it keeps getting reduced. The GAL hints he might recommend more time, but not equal time if I were to leave the woman I am with. There is a restraining order in place that keeps my son from being around her or her kids, so he cannot live with me. I believe that he belongs in a treatment facility for the long term. He needs help. Barring that, I would have wanted divided custody, so the three still had the same time with me, and he would be full time with mom. The schedule I have seen that is likely in the parenting plan is a 5/9 schedule, so I lose another day. I get the kids for 5 days straight, and she gets them for 9 days straight. Its not much better than the every other weekend scenario. I get one more day than that schedule, but I go longer without having them in my home. I am slowly losing the ability to be an influence in my kids life. They never help around the house, or clean up after themselves. They are becoming more and more selfish. I can only hope to regain some influence in their life when they are grown. The settlement is pretty simple. Either she gets her portion of my retirement, or she gets her portion of my retirement and takes out the rest for me to have in cash. There are some debts that need to be paid in the process. Those debts will not be paid if I don’t get the cash. Its really that simple. I suppose there is a third option, but I won’t explore it until what I want is exhausted. That would be to get out an amount just for the debts that have to be paid, so there is a concrete number to work with. I am appalled at how bad lawyers are at math, so it has made these things more complicated.

My lawyer thinks we can have things rapped up by the end of November. I can only hope that is the case. I am exhausted. My health is not what it should be due to stress. I am ready to move on with the rest of my life. This chapter is almost closed, and the next will close in 8 years when my youngest graduates high school. I then have 3 years before all the kids are out of the house, and begin seeing the world. I had wanted to show my kids the world, but this divorce has shattered all possibility of me being able to do that. Maybe some can come along on their own, and I can still show them some of the world.

Ten-Foured,

JeD

Rights And Divorce

Nomad children in Changtang, Ladakh

This post was somewhat inspired by this post over at A Voice For Men. Mostly the phrase used, which is one I remember from my government class in college, “Your rights end where my nose begins.” The AVM post calls this a universal truth, but its not. It is the most basic concept of the US Constitution. If you read through the founding documents of the USA, you will find that the overriding theme is that no person’s rights supersedes anyone else’s rights. We fought a war over this discrepancy, and amended the Constitution to guarantee these rights to everyone. This is no small thing. I do not know of another case in the world where two factions in the same country fought over another group of people, and it was not for the purpose of deciding who controls this third group, but one fought to retain control, while the other fought to free them. Usually wars for freedom are started by the those who are oppressed, and they may or may not gain the support of others in the population. In my mind the USA’s largest character flaw as a nation was complimented by its unique characteristic of seeking freedom for everyone. This is what has made the USA the greatest nation in the world in almost every way measured over the last century or more. This is not really a for the sake of argument. I know that there is some national pride buried in those comments, and I do not intend to suggest that other nations don’t have things to be very proud of, but is undeniable that the USA has had the greatest impact on the world over the last century, and in most cases it has done so with this same character, even when the results have not been what everyone has desired. I will reserve judgement on the last couple of decades, history will be written by our children, but I doubt that history will show an USA that has the same character that has made it great. As I say this, I do so believing that how we treat our own citizens is probably directly reflected in our policies in the world, and how we treat our own citizens is where we get to the topic of my post.

American Life

Most people move through life oblivious to the rights they have, because no one has ever truly interfered with their rights. Those who are victims of crime, know all too well that the rights we cherish rely very much on the respect of others to maintain. Our rights are not enforceable when someone bigger and stronger wants their way, unless there are enough other people who value your rights present to make sure your rights aren’t impugned. This is something most of us just don’t think about, nor do we want to think about it. The reality of this is scary, because there are always people bigger and stronger than us. Even if you are the biggest, strongest, baddest mother fucker around, it only takes a couple people deciding to challenge you together to turn the tables. I think this is why the great American action stars are so compelling. We see in them, the hope that we can fight for ourselves and others. Most people don’t know or understand what their rights really are, and I am not talking about the government granted rights, but the Constitutionally guaranteed rights. Everyone needs to go back and read the Constitution and its Amendments about once a year. I have put some links below for people to check out. They all have unedited versions of the Constitution to read, and some have commentaries. I did not select them for the commentaries, so read them if you like, and make your own judgments.

We live in a society that has unprecedented freedoms. Almost nowhere else in the world can people move as freely as we do. Not only do we have the freedom to do so, but we have the means to do so. We can get in our car and go thousands of miles and have no contact with anyone from the government. We can change jobs, or quit jobs as we see fit. Our homes are ours, and the government has large obstacles to prevent them from intruding our homes. We can make and break contracts without government involvement. This is all a matter of course, and we do it everyday. The government isn’t involved until someone’s rights are not being recognized. Under normal circumstances, we cannot sign away our Constitutionally guaranteed rights. Those portions of contracts are automatically voided. This is a side effect of the thirteenth amendment. It prohibits indentured servitude, so signing away your rights puts you into a position that when evaluated is equivocated to indentured servitude. These are protections we don’t think about, but are there when we need them. The most heinous Federal crime you can commit is not murder but to take away someone’s civil rights.

In everyday life in the USA, there are no classes. No one is given preference, officially, by the government by their birth right. We have social and economic classes created by the individual’s circumstances. These do not translate to different rights. There can be an argument made that these people have power from their position that effectively gives them preference, and that is true and unavoidable to some degree. The key is that it is not codified into the law that there are people who will receive special treatment by the government.

Divorce Creates Classes

This post isn’t so much about the law as it is about the realities of what happens in divorce. I have posted before about how one parent becomes second class during divorce with children. They lose many rights, or maybe more aptly put, their rights are superseded by those of a higher class. The more I think about things, I truly believe that there are 3 classes created in divorce as things go right now. There are the children in the first class, and then the custodial parent in the second class, and the non-custodial parent in the third class. Children are not given any responsibilities in the process, and their words and feelings are cherished beyond that of anyone else. The custodial parent is granted great freedom to care for the children. They are generally given the benefit of the doubt in parenting decisions, and allowed to ignore the rights of the non-custodial parent. They don’t have a right to the non-custodial parents income, but as the custodian of the children they are granted full access and control of a portion of the custodial parents income. I say they are second class, because their status as the custodian of the children grants them these rights. The non-custodial parent has few rights, and not just with the children. They live under constant threat of severe penalties if the court decides they are not paying their share. There is no guarantee that their time with the children will not be interfered with, and it takes too long through the courts to enforce your rights to participate in decision making. The court is likely to review decisions made, and not give one shit about whether you were within your rights to veto a decision, but instead measure the decision to decide if it were in conflict with the principle of “The Best Interest of the Child.” If it is not in conflict with this principle, then you will not receive any relief from the court for your rights being ignored. Generally the custodial parent will not change once it is decided by the court, so the custodial parent feels confident in their ability to make any decisions that they want. The court can change things if their is a material change in circumstance, and this is something that is not clearly defined, so the court gets to decide when they will hear arguments. Once they hear arguments, they can change their mind. If the custodial parent changes, then the second class becomes the third and the third becomes the second. Instantly one parent will be granted all the rights of the first class, and the other parent will be reduced to a wallet for the children to draw out of for their “needs.”

First Class: The Best Interest of the Children

Children are granted new rights when divorce comes. These aren’t necessarily things that they will recognize themselves, because one parent is the custodian of the rights. If there is any dispute with the parents over the kids, then they are given a voice. There are professionals/experts that the court employs to speak for the children or rather their best interest. Their voice is filtered by these people, so the real power that the children receive is granted to this third party. This doesn’t mean they aren’t heard, but it means that what they say is filtered, and the parents have little room to question these things. The truth doesn’t matter. The “Best Interest of the Children” is really the first class, not the children. You might say in the end, the children represent the concept, but they are actually the fourth class, because in the end they don’t matter to the process as people. The “Best Interest of the Children” on the other hand is the states stake in the decision. The state uses this to decide who gets the power on their behalf, and can change their mind when it suits them. Because it is this philosophical concept represented by a third party, it can be initiated without either parent asking for it. Once the third party is involved, they are involved until the children are grown. This means that every parenting decision is possibly in question. All it takes if for one of the children or the other parent to make them aware of the decision, and they feel obliged to weigh in. The primary thing in play is child support. This is based on the legal principle that the children have a right to a portion of the parents income. This is a right that I find nowhere outside of family law. The children gain this right when the parents aren’t married. Its really just a legal bait and switch to justify the confiscating of one person’s income for the benefit of another person. This is very different than taxes that are to benefit the community.

Second Class: Custodial Parent

This is the one that gets the rewards. The gain the right to control a chunk of the other parents income. They are given the benefit of the doubt in all child rearing decisions. They are allowed to alter schedules without consulting the other parent, and the worst that will happen is the court will tell them to not do that anymore. The custodial parent has very few consequences for not living up to their part of the bargain. The court doesn’t really want to hear the arguments between the parents, so they have a tendency to just give the custodial parent broad sweeping authority over the kids for expediency’s sake. Sadly the court stepped in to begin with and took away parental rights from one parent, and then they don’t want to deal with the consequences. It would be nice if parental rights weren’t stepped on for the sake of practicality. What is worse is these decisions are made by the court while the parents are at their worst. They generally haven’t had a chance to get their feet under them, and the end result is the animosity between the parents is prolonged, and rarely has a chance to heal. It is only natural that if one parent has all the financial resources available and the majority of the time with the children that they will make most of the decisions regarding the children. Its not right. The Supreme Court of the United States has upheld that being married or not has no effect on your parental rights, so who are these family courts to decide to how to divvy up the parental rights for expediency. Who are they to decide that one parent has lost their protections, their civil rights.

Third Class: Non-Custodial Parent

This class has very few enforceable rights. The rights haven’t been removed in so many words, but in practicality. If there has been a court appointed representative for “The Best Interest of the Children,” you will be questioned in every decision. If the other parent wants to question your decisions, then surely a court appointed representative will be appointed. Even though the terms have changed to parenting time, the reality has not changed. The children have one parent and home, and they visit the other parent. In some cases a grandparent or uncle may have more contact with the children than the non-custodial parent. It is fair for all involved to shame this class, because they must have done something wrong. People who have not been through the system seem to think this is logical, and half the people who have been through the system profit from such thinking. This leaves somewhat less than a quarter of the adults out there who want to correct this opinion. That is a pretty small bunch to change things, and they tend to be a bunch who are being bounced around like a pinball trying to have a significant role in their children’s lives. There is a lot going against this class. They are similar to other government created lower classes. They have some control over their lives, but not control over their resources. The only hope for those in this class is that something happens, and the pendulum swings in their direction and they get to swap places with the custodial parent, then they will have the illusion of freedom again. The state has imposed itself on their family, and they know that even though the ability to make decisions for their family may be theirs if they become the custodial parent, the state or court has taken over their family and has the authority to make whatever decision they think is best. Courts won’t hear disputes between married parents. They throw them out simply because they are married. Having children and not being married is potentially handing 18+ years to the state to decide for you. Most non-custodial parents lives are paused. They can’t afford to do the things they dreamed about. They have to be ready to respond to what the custodial parent decides. They learn to cherish the time they spend babysitting their own children, unless the custodial parent has turned the kids against them. The only hope they have is that when the children are grown, they are returned to the full status of citizen of the USA.

Fourth Class: The Children

The children have no real say. The court appointed experts choose what the court hears about the children. Neither parent has a right to add to the court record for the children. The principle seems fair, except this third party in the end represents the state. They are there to ensure that the state does not incur costs due to this case. The children’s opinions may be heard, but they don’t become a part of the case, unless the expert decides to add it to the case. The children never had many rights to begin with. Until you are a full citizen of the USA, you don’t have many rights. The children inherit their rights from their parents. If the parents are married, they benefit from both parents income and affection. The parents share the duties as they see fit, and the children receive what the parents decide is right. The richest parents in the world may choose to force the kids to earn everything, because they believe that this will make them stronger adults. If both parents don’t agree, then there is some form of negotiation involved between the parents. Sometimes it is as simple as one parent makes them work for things, and the other gives them things. It just plays out in the politics of the parents bedroom. The kids belong at the bottom of the classes, but this system has turned what little rights they had into a legal principle that is divorced from the real children involved. Children should be granted the right to shelter, food, education, and medical care. These should be the parents responsibility to provide. The children do not have a right to luxuries that the parents are able to provide. This is where the legal concepts that are applied are dead wrong. They children have no rights to the parents lifestyle. They are simply beneficiaries of that lifestyle to the level that the parents want to provide it. This principle doesn’t break down when parents aren’t married. The legal principle is used to extract money from one parent and give it to the other, but the other parent still has the freedom to determine just how much of this wealth will benefit the children. What the children lose in this case is the right to see both parents care for them and provide for them. the system has become so expedient as that the non-custodial parent providing through the parent is good enough. To lawyers this makes sense, but the children often walk away believing that only one parent buys them things, and provides for them. The other parent doesn’t do anything for them. This creates animosity that the child does not deserve to feel. The child is a victim of the system. Some say the child is the biggest victim, but I believe that the non-custodial parent is. The children lose few civil rights, but the non-custodial parent loses the right to the fruits of their own labor, and if they are unable to earn they are at the mercy of the court as to whether they will be held to account for the same amount every month. The children are made to pay by the animosity that is created in this winner takes all system. The court nearly guarantees that if one parent wants it all, then the children are robbed of the possibility of the parents having an acrimonious relationship.

How Do We Fix It

I think the court wants concrete fixes. They want things to be perfect. The current system gives them illusion of fixing something. Civil rights have been abandoned through the civil courts, and due process has been satisfied. On the surface at least. A court of law is required to take away someone’s civil rights, and the family court is is not a court of law. In most states it is defined as a court of equity. It is their job to satisfy issues that aren’t legal in nature, and to apply the law as best they can. Issues of property when in dispute. The only fix, and no its not perfect for everyone, but its fair. To protect the rights of both parents and the inferred rights of the children the time with the parents should be presumed 50/50 in all cases where the children are not at a real risk. Perception is not reality. We live in a country where a crime has to occur before we are punished, so if there is not a real risk based on facts to limit contact with a parent, then it shouldn’t happen. Time and money need to be separated. Required expenses for the children need to be split 50/50. There is no excuse for doing it any other way. The parents aren’t married, so their ability to pay should have no weight on who pays. Any other expenses are up to the parents to figure out. If the parents can’t agree to a schedule or one parent refuses to agree or abide to a schedule then the court should impose a standard schedule that gives each parent equal time with the children. Without money on the table, I don’t think for most parents, at least in the long haul, this will be an issue. The parents are free to agree to a schedule that is unequally split. The parent who has the kids more time is fully responsible for the extra expenses that this time creates. The children are the most valuable item. The court should stop presuming that parents can’t share custody if they don’t get along. Both care for the children, and if there weren’t a winner take all system in place, then they will figure out how to care for the children. If the children aren’t being cared for adequately, not to be confused with to parents abilities, then criminal proceedings should pursued, and if one parent is deemed the cause of that, then those parents can be tossed back into the old ideas that are essentially based on the idea of one parent abandoning the children to the other parent. Neither parents should ever have court orders forcing them to make payments to the other parent, simply for being a parent. If there are no real expenses that a parent has failed to pay for, then there should be no order to pay. The courts need to stop being practical and start dealing with the real world. Child support and primary custodianship create bastards, a thing that was reviled not that long ago, because the children often grew up with problems. Now it is the norm, and our children have the same problems.

The Constitution

Ten-Foured,

JeD

Economic Realities Of Divorce With Children

they're 35 years old, thrice divorced, and living in a tarp down by the river

The economic realities of divorce are talked about all over the web. The problem I always encounter when reading them, is they don’t apply to everyone. A big number of the people that are profiled or talked about fall in lower income brackets. These are people who are going to struggle either way. Both parents end up struggling under these circumstances. They would struggle together or apart. When they are apart, it very difficult for both parents. Many don’t have jobs that have paid leave, so a sick kid is lost money. This is why so many “single” mothers feel justified regardless of how the father is getting by. They are barely making it on their own, and need every penny they get. No doubt in their minds, it is all the man’s fault. I don’t agree with this stance. I understand that the obstacles of low income people are sometimes insurmountable. If we cared, we would remove the burden of child support from men who don’t live above the poverty level. We would pick up the slack. Rather than spending all the money trying to track down these guys and collect, we should just spend that money for the kids. I generally don’t believe in government funded charity, but if I have to choose between a direct wealth transfer between two poor people for 18 years, and spending tax money, I will choose the tax money. Increasing the animosity between the couple and making it hard for the father to act as a father is not best for the kids. Our society would be better off if low income families had fathers that were able to be engaged.

Now that we have cleared a path through the low income families that are at the center of this discussion, especially in polite company. Now we are putting men who make good livings, and want to be involved in their kids’ lives. The system favors having the mother have the children, because it maximizes child support. As discussed before, child support is a profit center for the states, or at least a major contributor to government jobs, and people’s reliance on the state. Men generally take on the financial burden when the marriage is ending. They feel responsible for making sure the family makes it through this thing that threatens everything that is safe for those he loves. Most divorces are instigated by the wife, so its natural that the husband still feels protective of her. During this time, she is able to live off of his generosity and figure out how to take what she can. There is no excuse for child support from a father who is active in his kids life. He will support them. Instead we see the states inferring the rights of lifestyle based on the parents income to the kids. My kids have a better lifestyle than I do, and they will until such a time that I am no longer forced to fund it through their mother. You see as you move up the economic spectrum that fathers are being left in dire financial circumstances, and the mothers are living pretty much the same lifestyle they had before. I see “single” mothers who live in the homes they lived in before the divorce, while the fathers are barely scraping by in apartments that are hardly large enough to share with their kids. The lifestyle that he once had is forever gone to him, or at least until such time that the kids are grown. This may not be true after you reach a certain level of wealth, but even the Robin Williams with all of his success was stretched beyond what he could bare, and was spending more money supporting ex-wives than he was supporting himself.

In most areas of law, you cannot have a ruling that causes something to happen, and then use that something to get another ruling that you want. This is akin to sending a soldier out to war, and then charging him with murder for the actions that were demanded of him. In family court every rulings effects can be used to change something else. Take time away from a parent, and then you can raise their child support. That is an indirect result of the previous ruling. The court is preventing you from doing something, and then punishes you for not doing it. Everything is intertwined. This gives attorneys and the courts great leeway in how to handle case. You will hear it said that this is necessary, because each case is unique, but the truth is the matters that should be before the court are that unique. There could be, and I would argue should be standards that are applied universally to these cases. As things go right now, the court will use tools that aren’t normally allowed in court, because children are involved. Everything is obscured through these professionals.

Now back on track. Divorce means that the money that a family had now has to support two households. The family court has decided that it needs allow one house to have most of that money, and the other needs to earn most of the money. The principle is based on the idea that the money earned by both parties is the families, even though there is not a family in the same way that there was. You are both parents of the same kids, and those kids are active in both parents families, but the divorce says that the parents are not family anymore. The money is not the family’s money anymore. The money is each parents own, or it should be. The fantasy that there is still a family unit is what drives this. This fantasy makes the long term damage of one party for the benefit of the other justified. There is no driver for the mother to seek out ways to make more money. It is simpler to target the man for more and more money. Since the money follows the kids, everyone looking in sees that the kids are okay, and no one pays attention to the man, who is struggling everyday now. The man who has to choose whether he takes a vacation alone or none at all. A man who makes enough to take his family to Disney Land, but has to wait and here how Disney Land was with their mother, because the money he would spend on that vacation was sent to her.

The part that is hardest for me to fathom is that men accept this, and even embrace this. They have bought the idea that this is being a good dad. That taking care of the mother is noble. What they don’t see is that they are taking care of person who constantly undercuts them, and makes them with their children. These men are looking at themselves with pride for paying their support, while the mother of their children is reminding the kids of all the things he doesn’t buy for them. These men wonder why as their kids get older and older that they are losing touch with their kids, and some never regain that connection. The system as it is now makes martyrs of the mothers, and villains of the fathers. The fathers are living well below their abilities to support a woman who wants nothing to do with them. The system of present gives the mother the benefits of being married without the responsibilities, and gives the father the responsibilities without the benefits.

I know I am still scatter brained. Heading to court next week, and my brain is swimming with too many ideas.

Ten-Foured,

JeD