Tag: Fathers

A Father’s Fear

HeligKo

If I were to pick one word to describe how I spend my time, it would be “worry.” I worry about my children in ways that aren’t even rational. The unknown terrifies me. The decisions my children will make worry me. What the world will put in their way, worries me. Whether the racist son of a bitch living near my kids will take out his angst on my daughter worries me. There is no end to my worry, because I am not present in their lives in any significant way. I know the struggles of my step-children, and it worries me that I don’t know my own kids. What I worry about most is going back to family court.

By nature I make things work, because I see how they work. I figure out the rules or nature of things, and I use that to then fix what’s wrong, or to bend it to my will. There are few games that I lose at more than I win. I don’t say this to brag, there are many people that are better than me at any given thing. I am just very persistent and very few things elude my ability to understand how they work. Strangely, as complex as I am able to think in regards to how things work, I am not a good chess player, but I understand it. I thought family court was like a chess match, and I just needed to hire a good chess player to make the right moves with the pieces left on the board to have a fair chance. I know that other courts are like this, but not family court. I understand politics, and am very capable at helping others who seek to run for office. I lack the personality for playing the game myself. Again family court doesn’t work like politics. What I didn’t realize is that family court works like a juicer. It gets as much of the heart and soul of those who go in and separates it from the rest of them. In the end you have a bunch of pulp and just a little juice. It doesn’t matter what you put in it, you always get a similar result. I know how a juicer works, I just don’t know how to make a juicer do something that it clearly wasn’t designed to do, and that is what I was trying to do with family court. I was seeking fairness or justice. I was seeking something that would be good for my kids and myself, and yes even for my ex-wife. These aren’t the things that are produced in family court. Family court gives one person the juice, which is good but hardly enough to sustain the family, and the other person the pulp, which is at best good for nothing. Going into family court worries me more than just about anything in the world. Every experience I have had in that court has been one that makes it harder for me to be father; harder for me to protect and care for my children; harder for me to be the man I should be.

I worry about my oldest. I have told a lot of his story here. He really seems to be on a good path. I worry less about what he will do to the world, and more about what the world is going to try and do to him. Its still worry. I also worry that he has fooled me and all the people in the program. That he hasn’t changed at all, but simply has learned how to talk the talk and walk the walk, but in his heart he still doesn’t care for others and simply cares to feed his own desires. I won’t know the answer for some time now. I see things going either way. I do believe he is not a threat to others in the ways that he used to be, but is that enough. Maybe it is. I love him, but I have to use good judgement as I see where he is heading. So far it is good, but I worry that there is something I am missing.

I worry about boy number 2. I see him choosing a path that doesn’t have a good work life balance, and he is only 17. On the path he is on, he is not going to enjoy the next few years at all. He is going to wonder what happened to his high school years, because they will have been spent in a stock room loading pallets. He does not believe that he can ask for time off. I believe part of it is avoiding being at home with his mother, and he doesn’t understand he could choose to stay here. He also doesn’t want to stay here, because I have rules and expectations. Not many, but his mother doesn’t have any. She just gets mad when things don’t go the way she wanted them to go.

I worry about my oldest daughter. She seems to be walking the line of party girl and good girl. I spent a weekend with her recently, and talking to her about things (not those things, but things in general) really rested my worry. I realized that the little girl that I loved so much still was in there. Her heart hadn’t changed, and what I saw on the surface isn’t what’s real. I still worry, but if I saw her more, I am sure I would worry less. She’s a smart girl, and she has opportunities abound. She is starting to look at them too. Her mother wants to limit her vision and dreams. I am glad that she isn’t letting that limit her decisions on what her future can be.

My youngest worries me too. I never know if her drive is who she is or if she is trying to please or impress me and her mother. She is smart and talented, and not afraid to try new things. I worry about how people treat her or if she will have friends. She has struggled in past with both of these. She seems generally happy, and she is the most like me. I sit here with very few friends in my life. I might even say none except my wife. I don’t wish this upon her. I worry that she will follow my path, and be very lonely. That no one will care for hurts. I worry a lot about this, because I know how it feels.

Most of these worries are driven by lack of contact and influence with my kids. I don’t wish this on anyone. I wish I could go numb, but I can’t. It doesn’t work that way. I will suffer until the day that I have my kids back in my life. I may suffer forever, because there are no guarantees that they will want me in their life at the end of the it all. They may choose to believe the narrative that has been told to them from their mother.

I also worry about my step-kids. Its a different kind of worry. Its a worry rooted in what I know. It doesn’t grow like a monster inside my head. I see them everyday. They are going through some hard things, but the scale and scope of them are real to me. I know what they are. I can prepare for the potential pain they are going to feel, and how that will make me feel with them. This is the normal worry of a father. The worry that we can manage, and harness to do the things they need in the moment.

Ten-Foured,

JeD

The Custody Paradox

HeligKo

This is the personal follow up to The Time and Money Conundrum. Once I started breaking down all the influences on things, I just couldn’t stop, and it was far too long to continue with my personal story. Mine is unique, but the ending is not. That to me is the just one of the incredible paradoxes of our system. Every path seems to lead to the same place. A place where fathers are relegated to inconsequential adults in a child’s life who are merely held accountable to continue to pay for their well being. The only real question is often how much are you going to spend to postpone the inevitable. I know there are victorious fathers out there, and I by no means want to discourage those who have the will to fight, it is your children’s well being at stake, but I cannot stress enough that the fathers who win are statistical anomalies in the family court system. Every judge has a couple to reference to prove that they surely do not have a gender bias in their decisions.

I had a court date a few weeks ago to settle child support issues. I had previously agreed to leave the current parenting plan in place to move things along. I wasn’t going to win so long as the GAL was involved. That plan is terrible. It gives me no parenting time excepting supervised visitation. Something that me nor the kids are very willing to do. She intimated that she would allow pretty much whatever the kids wanted. I never realized that of course they needed to know they could ask, and she has made sure that hasn’t happened. I have discovered that she has no qualms lying and bending the truth to get exactly what she wanted. I am not sure what she has built up about me in her head to justify treating anyone this way. Maybe she doesn’t need me to be a monster to act like this. I just know that I wouldn’t do the things she has done to anyone. Taking a kid from an able and loving father is about as terrible as you can be. Its the creation of the legal wall between parent and child that is terrible. Plenty of parents do things on their own to build up walls between them and their children. The difference is the parent and the child have the power to fix what is going on in their relationship without threat of jail hanging over one of their heads. As I said the purpose of the hearing was to discuss child support. I thought I was going to have to pay the maximum according to the child support scheduled, and she thought that I was going to pay some astounding amount more.

You might be wondering how on earth is she going to justify more than the child support calculator comes up with. Its simple, her lawyer took a part of the code that makes up the child support schedule and twisted it up to mean something it wasn’t intended to mean. Her attorney also knew that our judge didn’t like me, and was apt to rule that having the extra money was in the best interest of the children. I have gambled a few too many times with this judge thinking she might go with some rational ruling. I even thought that she might split the difference on some issues that we couldn’t agree on making neither of us happy, but ending the issue. I have been wrong every time that I have done this. My attorney was afraid the judge might even increase the order from what they are asking for if we went into court, so we negotiated something that was slightly less crippling. The rule that she was using was a reference to “non-exercise of parenting time.” In case you missed it above, I have no parenting time. She was prepared to go into court, and say that I have not exercised parenting time that she has offered me outside of the parenting plan, and because of that, I should have to pay more. The purpose of the clause is simple. Lets say that you have a 10% reduction in child support for having a standard visitation schedule, and you choose not to use your parenting time for 6 months. The court would then adjust the child support using this clause to pay the custodial parent back for time they didn’t take. They wouldn’t change the rest of child support unless the other parent didn’t agree to start exercising their parenting time. In six months the non-custodial parent could return to court to remove the adjustment after demonstrating that they are now exercising their parenting time. Not only is my case a ridiculous use of the clause, but it is based on her word that she has offered me time(she hasn’t) that I haven’t exercised.

Now lets talk about the paradox of custody and child support. The courts take away time from a parent and raise child support. This results in the non-custodial parent having to work more hours, and thus having less time to spend with their kids. The custodial parent can take the non-custodial parent back to the court and raise the child support based upon increased income. It becomes a cycle where the non-custodial parent works more hours to meet their household needs and child support while the seeing their children less, which will lead to increased child support continuing the cycle. The core legal concept that is in play here is that some portion of your income actually belongs to your children. When the children are in a two parent household it is assumed that this portion is spent on their behalf, but when parents are divorced it is only assumed that the custodial parent is spending this money on the child’s behalf. This concept is the one that drives child support rates up so high. Another concept that attorneys will explain to you is that the court views child support as being fluid, and that when a non-custodial parent covers the expenses that should have been covered by child support, then the custodial parent would pay them back for those expenses. The truth is that the money never moves the other direction without a court order, and the courts will almost never make that order. This is simply a principle that is attached to the child support legal philosophy to justify the actions taken by the courts. It literally never happens. The closest you get is a parent who doesn’t take care of the kids will lose the custodial role to the other parent, but that fight is a gigantic uphill battle.

I try to remain hopeful. I am literally in the final stretches of this painful journey. Soon my kids will be able to make their own choices, and they will know it. They still have no idea what type of control they already have in their teen years. Their mom isn’t going to let them know what power they have. I will forever mourn not having them in my house to have late night and dinner time chats. For them to know and understand what it is to be a part of my family. I sometimes dream about them rejecting their mother for the choices she made, but the truth is that they have been raised in her house, and they are likely to see things from her view for a very long time. What I can do is be there for them when they call. I can ensure that my step-kids have the best relationship their bio-dad will allow. I can open my house to those who need a home. That is the next adventure for me and my family. More on that to come.

Ten-Foured,

JeD

I Miss You …

HeligKo

I have put off this post in hopes that I wouldn’t really need to write it. The sad truth is, that hope is based on ideas and principles that just simply will never be at play in my case. I go back and forth from being damn near suicidal to overly optimistic. No one would have ever described me as manic, but the thoughts in my head are just that. I know I am not unique in this. I read stories everyday of men who are walking the line of life and death in their heads. Only they know the darkness that surrounds their thoughts. Its sad, but one of the things that keeps me kicking is that idea that somehow my ex-wife would find a way to get at my life insurance, and metaphorically piss in my grave. The idea of the harm that it might do to my kids is hard to even consider, since I have died to them many times already as the courts and their mother have taken me from them. I have no idea what they really think about the situation. Someday I might hear from them what life was like. I will probably be heart broken regardless of the answer, for they will either share my pain or they will have judged me as unworthy. I spend too much time thinking about the things that they might be thinking, but I never hear. I miss my kids everyday. There is no way for my heart to be full again. I cannot love my step-kids or my wife the way I ought to be able with them so close, but so far away. In a strange way, it seems that it would be better that they have died, because I would not have the constant reminder that they are so close, but yet unreachable. I know this sounds crazy, but it feels true right now.

I am honestly shocked at how few men have turned violent over the loss of their children. I don’t think its good for society that we so readily accept this as normal, and even try to internalize this such that our hearts don’t hurt quite so much. We were built to love by providing and protecting our families. There is fine line where we are treated as dangerous for this, and relegated to provider, but its not really the role of provider, but one where we are enslaved to the mother until such time that the children are released into adulthood. The line between provider and slave is often a thin one, but it is one that every divorced man has felt the difference at some point, even if they have not been relegated to simply a means of financing that which they have no authority. The emotions surrounding this situation is almost impossible to describe to anyone that hasn’t been through it. Its not something we are supposed to experience in the land of the free, but after a couple trips to the county courthouse, you realize that we don’t live in the land of the free, because anytime someone else’s well being can be used to take away your rights and property, you are not free. Most men want the best for their children, and will do the right thing in regards to the children. That is the right thing from their perspective. The court has inserted itself into the family in a way that makes it the sole arbiter of what is right and wrong when it comes to raising your children. Usually this power is used to make decision making simpler or to expedite the process, but sometimes it is used to tear the kids completely out of a family that is perfectly capable of taking care of the kids. The dangers come from one key legal phrase – “The best interests of the children” This phrase is not defined as it is read. There is a legal definition that implies a whole lot of power to the courts once you walk through the doors.

Growing up, my dad and I had a special relationship. One that I cannot imagine would have happened had my parents divorced, because then more than now, fathers were relegated to weekends. We would stay up late and talk and yell and debate. I would stand in the garage with him while he smoked his cigarettes on cold nights. He taught me to drive, and how to do so many things that are required of a boy becoming a man. He taught me how to love without pandering to those you love every whim. He taught me how to put up boundaries in my life, even with the people you love most, and to demand the treatment that you expect. He also taught me that sometimes you let down those walls for no good reason other than you love the person, and you don’t want them to feel unloved. At the core, he taught me how to balance your needs in life with those that depend on you. I rarely thought about the expenses of our life, though he made it clear that there was a budget, and some things weren’t in that budget. If I wanted it in the budget, then I had to contribute to that budget. He was a warm man, but that doesn’t mean he wasn’t a strong man. He was always capable of exuding warmth even when he was actively disciplining one of us.

It is taking me weeks to finish this post. A part of me keeps hoping that it won’t be necessary, or that it will have a happy ending. It doesn’t I see my son who lives with his mom periodically. He likes to come by, but he has replaced his soccer with a lot of work. I feel that his mother pushed him to do this. It lowers her expenses, and she finds ways to make him pay for things that should be paid for by her. He is slowly developing into a man. Slower than what I would like, but he doesn’t spend enough time with me to develop faster. My oldest daughter doesn’t see me much. She still seems to have a strong connection when we see each other, but she doesn’t go out of her way to ever see me. My youngest seems to be figuring out that she can see me, but she is in middle school and can’t get herself anywhere. Sometimes she uses that to see me, but I try to limit that to times that she can spend more than just taxi time together. I honestly see my oldest son the most. I get a four hour visit with him at Teen Challenge once a month. He is growing into a pretty good man, though I can’t claim too much credit for that. There are other men who deserve that credit.

Nothing hurts more than to want to turn tell your children that you love them every night, and know that they aren’t going to be at your home for many, many nights for you to get to do that. To go from being a part of their daily rituals to an awkward silence when its time for everyone to go to bed. It hurts to know that they have beliefs about me that simply isn’t true, but they aren’t mature enough yet to share those beliefs with me in such a way that I can share my point of view. I find myself at the verge of tears all the time. Its a hell of thing that we do to our families in the United States. I do hope that our children can do better. I hope they learn the lessons their parents and grandparents did not.

Ten-Foured,

JeD

Being Gollum

HeligKo

I hear stories of men winning after years of losing. I don’t see hope of that happening in court. I don’t have it in me to the horrible things that have to be done in my case to win in court. I was a highly competitive athlete, and rules and fair play matter to me. This isn’t how the law works. Its dirty, its imprecise, and values the ability to manipulate people. I loved the game play in sports. Getting in the head of a stronger opponent is one of the great thrills of life. In court opinions matter, and they affect the end result of cases. Getting in everyone’s head changes the rules. The judge isn’t a referee, but a player on the field with a different set of rules. Its all a grand game, and its bigger than any single case. They like to think of it as real life chess, but it doesn’t have rules like chess.

I used to respect what it took to become a lawyer. I used to think their was some nobility in the profession, but the more I am around attorneys, the more I realize that they for the most part have bought themselves into a club that trades favors with each other. This allows them to be overly expedient with a system that is not intended to be expedient. Family law might be the worst case of this. I have seen in in the juvenile courts, child protective courts, and divorce courts.

If you have read my story, then you know that divorce court has not been friendly to me. Like the Gollum in LOTR, I am not given the benefit of the doubt. I am looked at with disdain, and my actions that they approve of are attributed to motives that are other than noble. Their is no winning. It is simply a matter of how I will lose next. I fear like the Gollum that my pursuit of my ring will land me in the fires of Mount Doom. My ring would be actual freedom to be a father.

The Gollum transitioned as a despicable character to a pitiable character throughout the story. You felt sorry for him, but never trusted him. He was a creature to be feared, even when you needed his help. The Gollum was mistreated out of hand by the more noble characters, and to them it seemed the right thing to do. As I watched the movies and read the books, I always became upset by how the Gollum was treated. He was never given a real chance at redemption by those he traveled with. He was simply a means to an end. He knew how to reach the fire of Mount Doom without being detected.

As a father in family court, I am treated with distrust for wanting to have my kids a significant amount of time. That distrust allows the court without any evidence to prove I am not in the best interest of my children. I am feared because I don’t think like a mother. I am mistreated for not accepting whatever I am given as being a victory. I am given no path of redemption, just further restrictions, and those causing it feel justified, because I am despicable in their minds. I am not to be trusted and must be controlled. My value is mostly in the money I can provide, and I have very little more of that. I may burn before I get the ring again.

The other trait that I was most aware of in the Gollum is his jealousy. He was forever jealous of the other characters, and in particular Frodo. Frodo had what he wanted. It ate away at him. He was on the edge of murder multiple times. His internal or not so internal voice was telling him to kill Frodo and take the ring.

Now my jealousy hasn’t driven me to think of murder, but its constant and real. I see other Dads who have their kids on a regular basis. They don’t miss out on teaching them to drive. They don’t miss out on first dates. They don’t miss out on late night talks. I get none of these things. I spend a lot of time wondering what I am missing today. I just took a road trip, and I missed the conversations we would of had while we drive, if they had been allowed to go with me. The pain is at times unbearable.

The Gollum also believed that everyone would get theirs. They would someday get what they deserve, and he would relish in it. It never happened. In middle earth, there was no karma, and there is none in the real world either. Sometimes good people are bad with no consequences, and bad people continue down their wicked path without even a hint of things coming their way.

I too find myself dreaming of when everyone gets theirs. Perhaps the judge gets judged. The GAL loses his kids and has a GAL frown on him. My ex-wife would be accused of something horrible and have to live with the shame of it, and lose what she loves because of it. I think of the time when child support starts falling off, and she struggles without all my money. She will lose starting in just over a year nearly $4000/month. That is the equivalent of $60,000/year in earned income. I expect her to fail financially, and to do so hard. The problem is, I am looking forward to it.

I may not be able to change other’s looking at me like the Gollum, but I can stop being the Gollum. I have to change my internal dialog. I can’t walk around mad all the time. I have to find some place where the Gollum can be the hero, but I can’t do that while I actually think like the Gollum.

Ten-Foured,

JeD

Are We The New Babylon?

HeligKo

Well are we? I am thinking of the United States when I say this. Babylon rose to the status of empire twice. Once around 2000 BC and again around 500 BC. At these times it was the cultural center of a large portion of the world. I also like to think of Babylon, because it was a pivotal kingdom in the Old Testament or Torah. It represents throughout the Bible how an empire can be glorious and so quickly only become a fabled story just a few generations later. Babylon stands also as a symbol of arrogance. The tower of Babel was built in what would be a part of the Babylonian empire, and the city of Babel would be its capital. Babylon had a legal system that seemed to systematically mete out unfair justice depending on the particular crime and the accused. Babylon’s story itself is not that different than other empires throughout the World’s history. It is one of the oldest, and in a way, it is the original history that keeps repeating itself in future empires.

This was going to be a much longer post, but I lost my train of thought. The question stands though, are we the new Babylon or Rome. Societies that rose to such power based on principals that later were lost and then they crumbled into something that only shared the name of the original. The United States once stood as the greatest society of the modern era. Not only were we pushing limits on technology, but we were a society where people were allowed freedoms that seem extreme to the rest of the world. People thrived in our culture. I think when the United States stood up to tyrants around the world, we lost what made us unique. We started to fear what the world had to offer, and we started to strip our society of the freedoms that made us great for the fear of what might happen. The great depression further exacerbated the situation. A couple of generations never wanted to fear the loss that was experienced during that time. The end result is taking away risks, which is the same as taking away freedoms. They go hand in hand. When you take away risks in an effort to make things better without the effort imparted by the people who benefit, you end up with societal losers that because of these safety nets end up damaged in some way. Whether that is the fathers without children, the homeless ex-soldier, or the child without a father, they are all victims of a society that has over-zealously tried to protect those that they see as the weak to the detriment of others. Government provided securities come at a cost, a cost far too high for society. Sadly society never recognizes the cost until its too late.

Ten-Foured,

JeD

Judged Unworthy

HeligKo

I have tried to write this post for a long time. I am dumbfounded at the results. Put simply at the end of June I was restricted to supervised visitation, and that my mom and sister were the approved supervisors. I will talk about the whole experience down below. I have lost every motion in court. Not most, but every motion. I have yet to file a motion on my own behalf beyond the counter-petition for divorce. In a dispute like this, no one is actually wrong all the time, and the other isn’t right all the time. This is at its core a selfish dispute, so neither party is looking out for the other. By definition each party is trying to take some form of advantage of the other for their own benefit.

The Motions: It was fairly straight forward. It said that I should no longer have my out of home visits with my kids without supervision. That I didn’t have appropriate boundaries when talking with my kids. It specifically says I continue to have inappropriate conversations with my children and confuse them. The other motion was for there to be a redistribution of GAL fees, because I have caused the largest share of the expenses, and should be responsible for a greater portion of the fees.

The Trigger: When I told my son, and the other kids that I didn’t believe that he belonged locked up. I created a conflict between what their mother has told them, and what I was telling them. I am assuming they were upset and went to their mom and made a big deal about the fact I don’t tell the same story as her. I thought it was important that the kids know that my son was not as bad as they had been told, and more importantly that he isn’t bad just because he has done bad things. Those things don’t define who he will be, but are a bread crumbs on the trail of where he has been. My step-daughter said this to me before I could get it out of my mouth when I was telling her what I had talked to him about, and she’s eight. I just want him to understand he is always becoming the man that he will be, and that others don’t determine that for him. That he has a chance in this world.

The Hearing: Well there was talking. Very little of it had any content of matter. Opposing counsel insinuated without evidence that I am hurting my kids by parenting them. The therapist stood up and recommended that I have supervised visits in part because I was undermining her relationship with her clients. The sole way I was undermining her was by not allowing her to undermine my relationship with my kids, in particular my oldest son. The GAL made a few grand statements that amounted to know real facts or evidence, but a final opinion that he agreed with the position that I should have supervised visits. The judge talked to my ex-wife and her statements were basic comments of she only wants to protect her children and that she believes they should have a relationship with their father, but … Its always the “but” that gets you. When the judge talked to me, I explained what I had said and why. The GAL interrupted me intimating that I don’t have the moral authority to father my son, and that I owed him an apology for what I did in the past, when he sexually molested my step-son. I told him that I had apologized to him, and had talked at length with him about the whole situation. He spit some nastiness my way that if I said something similar would have landed me a contempt charge.

The Results: The judge ruled that I should have supervised visits. Only my mother and sister were mentioned as supervisors. Neither one talks to me, but goes to church with and socialize with my ex-wife. I haven’t had more than a few counseling sessions with my kids. My ex-wife is trying to end those as well, because we talk about inappropriate things there. This is the word to describe what I do and say. It has been the narrative her attorney started from the beginning. My first attorney told me it was to get under my skin and to ignore it, but he was wrong. It was setting the tone for the future when she planned to take my kids away from me in any meaningful way. The court has heard it so often, that it doesn’t even ask for an explanation about how it is actually inappropriate, but accepts that is who I am. I have each of my three kids for an overnight visit for exactly one night. My oldest not at all, since he has been in state custody for the majority of this time. I get to see him twice a week. At least him being in custody allows for me to see him unhindered.

The Takeaway: This is tough. I have to figure out how to see my kids. I don’t trust my sister and mom. I am afraid that they are going to do whatever it takes to stay in my ex-wife’s good graces, so that they continue to benefit from contact with my kids. My mom recently had two of the kids overnight, and chose not to try and include me. This isn’t the first time she has done this. My sister has my girls on a regular basis, and has never attempted to include me while I am going through this. Not that school is in session, it is very hard to figure out how to do therapy appointments. I am going to have to figure it out soon. Somehow paying the therapist that is trying to remove me from my kids lives is of the utmost importance to the court. My attorney walked out of court and said to me that she didn’t think she was going to take another case in my state. This was the second case she has had that just didn’t make sense how the judge and everyone else behaved. It didn’t follow normal protocol from our neighboring state that she normally practices in. She also confirmed that the appeals courts in my state have a tendency to not set aside trial verdicts but to provide the judge with instructions that allow them to keep the verdict that they gave. GALs can’t be cross examined in my state and he hasn’t thus far been made to issue an actual report. I believe that he doesn’t want to put a report in writing, because the weakness of his case will be exposed when someone reads it and isn’t compelled by his emotional response to everything.

The Chaos: I had asked for someone else to supervise. Opposing counsel said that wasn’t an option. I asked for someone my attorney knew, and my ex-wife knew. My ex-wife called this person and told them that I as a delinquent dad, and that I could have scheduled to have her supervise at any point. I told my attorney this, and her response was that I cannot control her behavior. The thing is, I need an answer and I am getting mixed signals. I think I should be able to use this person after that phone call. I am afraid my attorney has given up right out of the gate.

The Future: The judge decided that we should have a limited custody eval. After she was done lecturing me about my wife, who hasn’t had any contact with anyone but me in the case for months. This is a court services professional that will do an investigation of their own, like the GAL, but has a different legal definition. This person will make their own recommendation to the court. I of course will be paying more of these fees than my ex-wife, because that is how things go for me. I hope that there is a difference in what this person’s opinion of me is.

Ten-Foured,

JeD

Losing Hope

HeligKo

i know that this song is about lost love, but it felt right. Going through this process of family court makes me wonder just what my kids will think of me when it’s all done. Will they still love me. Will they still be mine in any way that matters. Am I just having the longest, most horrible good-bye ever. This weekend should have been mine, instead I get 8 hours with them, but with restrictions. Its cold, and snow is coming. This limits what I can do with them when we are out. I don’t know how long my teenagers will put up with this schedule. I also don’t know if they will take the easy out and just not want to go, or are they going to make a big giant stink that can’t be ignored. I just don’t know.

Since the events of my last post, I have had a therapy session with my son. It was fairly uneventful. After that I spent the evening with all four of the kids. We went to my mother-in-law’s house and watched a movie. My wife made dinner for us, and I heated it up for us. We didn’t do a lot, but at least we were in a place that was comfortable for most of us.

The following Saturday my kids and my ex-wife had a therapy session together, then the therapist met with me and my wife and my ex-wife. I was told that my oldest will not be left out. I was also told that he had issues after our evening together, and that I shouldn’t have taken them to my mother-in-law’s house. There was a picture that didn’t include my oldest son, and it upset him. I was also told that I should have taken them out for dinner or cooked the meal myself. It was inappropriate to have a meal ready for us.

My case keeps hinging on my oldest son. The easy road would have been to leave my wife before we were married. To leave her kids, and not worry about the outcomes for them. I am left to choose whether to allow him to reintegrate completely, and before my step-son is ready, or lose my kids. I sadly will stand by my principles, and lose my kids. I would rather face them and explain my choices than set a different example.

I was supposed to have a therapy session yesterday with my oldest son. The therapist told me he wasn’t up to meeting with me, so it didn’t happen. This entire process hinges on him. A kid who thrives on power is being left in charge, and people who have his best interests at heart are willing to hurt others in his stead. There are so many things wrong with this. In my next post I will go into some of those issues.

I have nearly lost hope . My kids are nearly lost to me. I have fought so hard to maintain my relationship with them, but in the end, I may be the only person who has a say that cares about their relationship with me. I hope I am wrong, but I fully expect that within the next few months I will have even less contact with them, and I will be lost to them. I hope for a better tomorrow, but I expect the worst.

Ten-Foured,

JeD

Time Is Love

HeligKo
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

HeligKo
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

HeligKo
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