Tag: perspective

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

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

Day 683

HeligKo

That’s the day The day that I finally had my kids all spend the night at my house again. It was 12/30/2016. Nearly two years after that damned ruling. Things aren’t all peaches and cream, but this is a big day. My oldest is away at Teen Challenge. I think this is going to be good for him. If its not, I don’t know what is next. I have had some nights with my other son, and my youngest over the last few months. Not many, but some. I had them for 4 nights, but my middle daughter didn’t spend the night here, but at my mother-in-laws the first 3 nights. She is afraid of my dog that bit her. That in itself was a major deal. Time gives me hope now. It may take until they are adults for me to have the full relationships that I should have with my kids. My heart is fuller, and I have had more time, even without overnights in the last couple of months with my kids than I have had in a very long time. The parenting plan still sucks, but my ex-wife is not holding to the plan, and that is a good thing. As a matter of fact, things have been pretty good with her for the last couple of months. I will count that as a blessing. It may not last, or it could get better. Time will tell. I will start blogging more again, now that my personal story isn’t one of constant defeat. I will tell more of my stories, and my ideas, and how I decided the best way to fight was to not fight anymore. As for the graphic, I love “Bleach,” so why not?

Ten-Foured,

JeD

Let The Kids Decide

HeligKo

There are so many things wrong with my current scenario, but it could play out better than I would have hoped. My ex has told me that she will let the kids decide when they want to spend time with me. The GAL has told her he won’t stand in her way on these decisions, but he won’t encourage them or support them. He has given up on me as a father. That’s some shit. He creates rules that don’t let me parent, then judges me for not being a model parent. The big catch is of course that she isn’t telling them that they have this new found super power. She explained to me that she expected my youngest to want to come over often, and that my middle two probably wouldn’t want to come over much or at all to spend the night at least. My oldest has a lot of work to do that makes all of this too complicated to dig into for him, so we will not talk about him right now. I might dig into things with him in a separate post.

The fundamental problem of letting the kids choose at any age where they are still dependent on their parents is that it creates a competitive environment. Even if the parents don’t compete, if the child chooses one parent over the other, then they risk hurting the other parents feelings. It places the child in a position of power that should not belong to them, because they are not ready for it. They don’t understand the law of unintended consequences at all. They are being made responsible for relationships that they aren’t mature enough to be responsible for.

This weekend, a lot of things have happened. I would call most of the weekend progress. My youngest stayed the weekend. I went to take pictures of my oldest daughter before homecoming. My younger son had dinner with me and my wife after the pictures. He and my youngest came to a family dinner with my wife’s family on Sunday. Notice my oldest daughter chose not to come to dinner.

So first to my youngest. Its awful how she ended up spending the night for three nights, but I am forever grateful for her doing what it takes. I would never encourage her behavior, but I am not surprised at all by her behavior. She has been more and more reclusive at her mom’s house. She spends most of her time in her room. She only comes out to eat. She reads like a maniac (which makes me very happy), and watches a ton of TV and movies, which doesn’t bother me because she is an active reader and athlete. Its background while she does life. She has become nastier and nastier with her mom, and when her mom talks to her about it, she is very clear that she wants to be with me. I don’t believe she is saying live here, but that might come if her mom continues down the path she is on. She means that she wants to be with me in my space, where I can be her father and not some strange friend or baby sitter for them. So I got the phone call asking if she could come stay with us, like I would say no. My kids could call me and say “Dad I am coming over” and I would race them to the house if I wasn’t there.

Now for my son. I took him out to dinner after we took homecoming pictures with my daughter. He chose not to go this year. He didn’t have much fun last year, or so he says. I think he protects his older brother’s feelings a lot more than we ever know, and he didn’t have a date either. I have written about how he has spent most of his life protecting his brother and protecting the world from his brother. At dinner he asked why his sister was allowed to come stay with me for the weekend, and he wasn’t. He said “I don’t understand the rules.” My answer since we are still in court, and can’t speak as freely as I would like is “You need to start asking.” I hope he does. I love when he is here. Some of my fondest memories growing up is the late night talks with my dad. We would often argue and debate. It made me think through my ideas, and it brought us closer together. We did it on into adulthood, and I miss it with him. Maybe me and my son won’t have that same relationship, but we haven’t had a chance to develop it. I want to develop what we might have for the rest of my life. He came to the family dinner, and it was great seeing him interact with the adults and the younger kids. There weren’t any kids close to his age. He is such a great kid. He tends to carry the world on his shoulders. I wish he didn’t, but he did grow up with me, and I tend to do that too.

My older daughter chose not to come. She had homework. This was just dinner from around 5:30 until 8:00. I wouldn’t be so bothered, except this is the fourth time she has chosen to not spend time with me, when given a chance. I don’t know if she is protecting her mom from being alone with my oldest son, or if she has some problem with me. I need to find out. It worries me. It makes me sad. I love her personality, and she doesn’t seem angry with me, but the longer this goes on, the more awkward I feel.

I have wondered for a long time if I ever get a relationship with my kids again. With my youngest, I don’t doubt she will be around forever. She is also my only biological child. I don’t know if that makes a difference, but I suspect it does. I have little doubt with my younger son, he says he wants to spend time here with me, and plans on doing so as he can drive on his own. I don’t know with my other daughter. Time will tell with her. I do think there will be something with my oldest, but I don’t know what it will be. He still desires one, but we have a lot to deal with. That will either be the end or the beginning of what is to come. I hope its a beginning.

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

Things Are Looking Up

HeligKo

This is somewhat of a strange post. Things have been hard the last few months. To some degree my perspective is shifting and I am able to see things from a different angle, but I have also lowered my expectations of the circumstances around me. Lets play a little catch up, before I get into all of that.

In my last post, my oldest son had been arrested at school for battery against his mom. She also handed over a tablet to the police that was filled with child porn and other gross, inappropriate, and illegal material. I was crushed as I prepared to make space for him at my home to find out that everything really wasn’t going to work out. I was at a hearing for him. He wasn’t there, and mom wasn’t there. His attorney didn’t really understand where he was, and no one had communicated to him where my son was living now. He is in a county run group home. He asked me to walk with him after he got a new hearing date. He told me that this case was a clear case of self defense and that the strange relationship between his mother and him is why my son is reluctant to defend himself in court. He also told me that there was nothing interesting on the tablet. If there had been, then he would have been charged, or his previous probation would have been violated. Everything that shattered my hopes was a lie. This changes everything. Not only is reintegration in my home a possibility, but his mother essentially has tried framed him for two crimes. One that never happened and one that she committed against him. I still can’t wrap my head around doing that to my own child. When I was dropping off the other three kids at their mom’s house, my youngest waited until the others were in. She asked me if she wrote a letter to the judge, would I read it to her. I told her I probably would not be allowed to do that. I said if she wanted to write one, then I would give her an envelope with the address and a stamp. I also told her that it probably wouldn’t be read by the judge unless it became evidence, but the GAL, my attorney, and her mom’s attorney would get copies, and it would force it to be talked about. She is still pondering if she wants to write it. She is afraid that no one will do anything, or it will make things worse. She had asked me while we were at the group home, that if all this was about them, then why doesn’t anyone really care what they think. The three kids all told me that they haven’t talked to the GAL in close to 6 months. That means he didn’t even talk to them before he he pushed for the current schedule.

I am not sure what happened when they got to their mom’s. They either confronted her or she interrogated them. Both have happened in the past. The therapist who has caused me so much trouble was involved. She believes that this is dangerous for my son, and that he needs to take responsibility. I firmly believe that it is dangerous for him to learn that he is bad, and has to take responsibility for the actions of other. He is not a scapegoat. I found out that even before I took the kids to see their brother, that she and their mom had met with the kids. They told my kids that because of my behavior and inappropriate conversations with Jon that there were 1 of 3 things that could happen. They might not be able to see me at all; they might have supervised visits with me; or they nothing will change. This conversation should never have happened. They are attempting to alienate me from my kids. My 14 year old told them that he wouldn’t do supervised visits, and that he would figure something else out. They challenged him, and he just repeated himself. My 11 year old said she wasn’t happy with that idea, and that she would be able to speak freely with me with someone writing everything down. I think she said the idea was just stupid. My 13 year old said she thought it was all stupid, but that they didn’t actually think anything would change. My 8 year old step daughter said the other day “He isn’t bad, he’s just done bad things.” I told my son this when we were there, and he almost cried. I repeated, and told him I think he needs to hear it, because he doesn’t believe it about himself, and he agreed. He struggles a lot with that idea. His mother and therapist aren’t helping.

I am working at bringing my son home. He doesn’t belong where he is. When I found out the truth, I called my wife, and before I could say anything, she was thinking of ways to bring him home. The idea scares her a lot. Fortunately my step son’s therapist now works for the county youth detention center, and I think she can work with us for reintegration. She was truly great with him, and I think will be able to navigate the pitfalls that we may be facing.

The therapist for my son has recommended that I have no contact or at least supervised contact with the kids. She has placed her relationship with the kids over mine. The GAL has yet to pipe in on these things. I think it is a great sign that my ex filed a motion to modify parenting time. I think it stands out that the GAL is not supporting this, and they are desperate for a change. If my son stands up for himself, it is likely to change custody for the rest quickly, especially if I am asking for him to return to my home. They are claiming I told the kids their mom made it all up to get my son out of the house. I made no such claim, but I am sure that my kids are smart enough to put together as I did that if all of the lies are actually lies that is the only option. They also don’t seem to know that my information is from my son’s attorney, and not the kids. My new attorney is ready to go after this with way more aggressive tactics than my previous one. I think we are going to file a counter motion to give me primary custody and her the standard schedule, and for me to have sole legal and residential custody of my oldest. Next week, I may have good, great, or horrible news. We shall see.

Ten-Foured,

JeD

Conflicts of Interest

HeligKo

A conflict of interest is something that not everyone understands, it is more complicated than simple self motivation. It is more than than someone not being able to represent opposing parties. The basic definition according to Wikipedia is

A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests (financial, emotional, or otherwise), one of which could corrupt the motivation of the individual or organization.

In the most innocuous of cases, the parties in a divorce case have multiple COI. The system creates these severely divergent parties. The pain that one or both parties feel as they head down this road is not usually enough to drive someone who is not otherwise so utterly destructive down the roads that divorce drives so many people. Usually both parties have some care for what happens to the other person, especially in long marriages. They care what happens to the things they have acquired that have memories attached to them. Selfishly each wants the things they like, and there is probably some considerable overlap in those things, but again most people can figure out that given a little space. Both parties care for the children. They want the best for their children, and they believe that given a chance they can provide that. Its not that hard of a path without outside influences to understand that taking away the other parent is going to hurt the children. Without a conflict based system, the majority of divorcing couples even in high conflict divorces will find an equilibrium that is functional and fair. Many will argue that the system allows the weaker party a chance to have their say in the process. The reality is that the court system gives more power to an aggressive person over the less aggressive person. I don’t know that there is a way to change the power balance in a relationship to something more equitable in any process. I would chalk up the inequity to the fact these people chose to have children with each other, so they are bound to each other and the balance that they have created until those children are grown. Its not something for anyone else to fix for them, unless there is physical violence involved, and as much as this is the argument for all cases, it is a select few cases that it is actually a factor in.

The lawyers from the beginning have some COI. The largest one is their pocketbook vs helping their client resolve the case in the shortest amount of time possible and with the least conflict. Conflict drives up their rates. They have to spend more time preparing for hearings and trials, and arguing their points. They have to handle discovery issues. In a simple no frills divorce, the parties come together, and the lawyers will have a punch list of things to go over, and they sign off on the division of assets and a plan for continuing to raise the kids. If the lawyers were actually protecting their clients interests, they would do their best to settle conflicts with compromise, and would communicate with each other when the clients are struggling to do so. There would not be posturing and mudslinging. The system clearly demonstrates that it is the lawyers pocketbook that wins in most cases, but because the system is centered on the fact that you might go to court, it is impossible to be prepared for that eventuality without engaging lawyers. They have created a bubble to trap divorcing couples that the lawyers control to their benefit. Its all cloaked in professional ethics to make it all look legit.

The judges have nothing but COI. They don’t want to be overruled, so they engage third parties to make recommendations, and then support those as if they carry the weight of facts. These third parties are often lawyers themselves, or other court hangers on. The family court system is largely funded on having conflict that requires the parties to show up at court and have court costs. The judges are employees of the state, so they benefit from the child support that moves through system with collection fees attached. Family court judges are either on their way up or on their way down. The ones that are on their way up, want rulings that are not overturned, but get the kind of review that shows how clever they are. This allows them to have some basis to seek promotions, especially if they are seeking appointments that involve public elections. They want enough notoriety to have their name known without a cloud of controversy hovering over the decisions. The ones who are on their way down simply want to avoid controversy, so they don’t get dumped to traffic court or some other obligatory system to keep them employed. Avoiding controversy is ruling in ways that uphold the status-quot in the court system. Making ruling that may be constitutionally correct are not to be favored over making rulings that are inline with your peers.

The third-parties that are involved in family court present with the most COI opportunities that I can imagine. Custody managers, mental health professionals, GALs, etc are all people who are given a significant amount of power over people’s personal lives. They quickly become a means for the court to micro-manage how you live. The profit by being involved, so they are never going to go back to the court and state that they are not needed. They are most likely going to make a case for their ongoing involvement in the case. In a family with multiple children there are further COI that can happen. In my case, I have one child who’s circumstances are very different than the others. He is not able to come to my home at this time, because he sexually assaulted my step-son. I have a healthy relationship with the other three kids. The GAL in my case should have almost immediately asked for separate GALs to represent the kids, because they can’t possibly have the same interests in this case. That is a judgement that he chose not to make, and there is very little recourse for me to take. His recommendations came down to what he considered best for the one child and applied to all of the children. The judge appointed this same child’s therapist/social worker to be the custody manager for the kids, and the exact same conflict of interest exists there. Her concern for my oldest child and preventing him from offending again at least while he is a minor overrules the interests of the other children. When looked at as a singular entity rather than individuals, the greater good is served by serving the needs of the only the most needy individual. Since she doesn’t have the legal status of custody manager, just the role, she isn’t held to the standards of custody managers. Those standards state that she couldn’t sit in this role because of a prior significant treatment relationship with one of the parties involved. When the judge is being creative, these types of things don’t really matter.

The children are often left in the worst position with their COI. I don’t usually say that children suffer the most, because there is a lot of suffering to go around in divorce. In this case they are stuck between loyalties to each parent, to the family unit, to their siblings, and their own self interests. The emotionally needy or demanding parent will get the child’s loyalty out of guilt. Meeting this need is quite probably the worst decision the child can make. It enslaves them to that parent and ties their own emotional well being to that parent’s well being. The desire for a whole family unit is a big driver for the kids, and it can often lead to destructive behavior with a parent who is moving beyond the marriage into their own life, perhaps with a new partner. I think these two combined with some emotional manipulation by my ex-wife led to my oldest son doing what he did. The kids don’t want to hurt their siblings, so they try to figure out what each other are thinking and make decisions and opinions in line with what their siblings will approve of. They tie each other together, even when their own self interests would be served with a different or individual decisions. Their own self interests are the thing that so many kids will look past. They will ignore them to the perceived good of others. When one child doesn’t ignore them, it is often in the worst possible ways. They get what they want with bad behavior. The siblings will often try to make it all okay, but over the long term, they learn that bad behavior leads to results. The children in families where one kid has had significant issues in divorce often have all the children develop issues to gain the same advantage. I see some of this with my kids already. In the end they are likely to resent each other over time. This makes me sad.

Ten-Foured,

JeD

P.S. I leave you with this, because it showed up when I was looking things up and I liked it.

The Lost Boy

HeligKo
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

Prepare For Your Divorce

HeligKo
Love, Commitment and Adulthood

From the start of your marriage, you should prepare for your divorce. This is truly the case when you plan on having kids. You need to protect your ability to live on and live well after divorce before you get married. This might sound a bit crazy, but its true. Its sad that the world has come to this, but it has. Men are not treated fairly in court, and so they need to limit their damages the best they can. Traditional marriage with children should be forgotten, because if that is the route you take, then you will be punished for it later.

Prenuptial agreements are worthless if there are children. The court and clever lawyers can eliminate most parts of this agreement in the “best interest of the child.” Understand that this principle applies to all decisions the court makes. From who gets the house to how property is divided. The only time a prenuptial agreement holds real weight is when she wants it to, and when there are no kids involved. The one value that they have is that it may set the tone for where you start negotiating. They won’t save you in court, but they might help you stay out of court and get a fair deal through mediation and negotiation.

You must be an equal partner in every way with the kids duties. Not just doing half the work or care for the kids, but half of each type of work. Make sure you have a flexible job, and slow down the promotions. They won’t do you any good anyway after divorce, because she will just get a bigger chunk. Try and have a job that pays around the same as the job she has, and yes she must have a job too. Take as much time as she does doing things with the kids alone. Discourage breast feeding. Yes it might be better for the kids, but it takes you out of the duties of feeding the kids when they are infants. It will be argued that this creates a bond that you can’t have. Take the kids to school half the time, and pick them up and do the homework with them at least half the time. Making breakfast and dinner anytime you can, and make sure you are doing it regularly half the time. Go clothes shopping and school shopping. Nothing that involves your kids should be done without your active involvement. You should probably only have one child as well. Child support in the future is far less with one child, and makes tearing the family apart less appealing.

Be alert to the possibility of divorce pending. A year or two off, stop looking for raises. Start taking more time off, and if you are hourly, then work fewer hours. Use this time with your kids. This lowers your pay while you are married, so you are held to a lower standard for any child support and maintenance. Understand that I am advocate of equal parenting time, and I believe that men and women should care for their kids. I don’t believe that court ordered child support is the correct mechanism to do this. Not only does lessening your hours set a lower bar for future earnings when calculating child support, but it also prepares you for the truth of what is to come. You can increase your hours to help with the economic burdens of divorce, and it not be used against you in most states. You will also need more time off to deal with things that used to be divided duties when you were together. Including tagging the cars and other mundane tasks you don’t think about when you are married, because usually one of you is more able to take care of that issue on any given day. If you are working to your best potential at the time of divorce you are likely to not only suffer from having to share your income with your ex, but also having less income coming in do to your new time constraints. Divorce courts don’t deal with the realities of the economics of divorce. They tend to go with a “greater good” philosophy in their decisions. These are masked in other terms, but generally men are more likely to get along without assistance after divorce, even when monies are taken from them. If they shift the kids to one parent in a legal context, and the other parent pays them, then it is likely that the greatest number of people in the case are going to be okay. The kids and mother are taken care of and the men are likely to get along, even if not so well.

You need to have a go bag. You should have all the things you need in a bag that you have access to, even if you don’t have access to your home. This should have the basis you need to survive. Clothes and money should be in the bag. Anything you use daily should be in the bag. It could be doubly helpful in other situations, but think that you might be out of your house for a few weeks and not have access to things you use everyday during that time. If she pulls the trigger and gets a restraining order, its going to take some time to sort things out. You should have enough immediate cash to allow for you to live during that time, including getting some shelter. Think hard about this and put the bag together. Having the cash is important. Make sure to include having enough cash to meet with a lawyer for some advice as well.

Start putting money aside early. Have a bank account that you stash a certain amount in every paycheck. This is handy when things are good for buying presents without snooping, but let it grow. This is your nest egg. It will get you started when you are looking for new housing, furniture, and all other things when you start over. This should not be a shared bank account. This is yours and only yours. The more you have, the better off you are when divorce is eminent. This can also give you the balls to lay down the law when you need to lay down the law in your relationship. This can be some alpha boost, and may help you in your relationship long term, and avoid the very thing you are preparing for. Insurance so to speak.

Have a family law attorney on retainer. As soon as you have the money to put an attorney on retainer, do so. Give them a mailing address that your spouse doesn’t have access to. You don’t need to have anything for them to do. Just find a good law firm, and put them on retainer. If things go south fast, you don’t have to worry about getting this money together or spending your safety net money for this. You just have to make a phone call and go in and meet with them. Given this advantage, you can go ahead and file for divorce and set the initial rules of engagement if her opening isn’t to file then tell you. This will keep you from being caught flat footed legally. This can be the difference between months of panic, and quickly resolving things in a favorable way.

These are all hindsight is 20/20 types of observations. I am sure there are more, but the point is that you should plan for the likely end of the relationship before it hits you. Once you have the law firm on retainer and money automatically going to an account as a safety net, you don’t have to think about these things again until you need them. They will comfort you rather than hinder you while you go forward and try to beat the odds. They may be the difference in you divorcing and not. It may be counter intuitive to you, but not fearing divorce may very well prevent it. It wouldn’t have for me, but I would be in better shape if I had these things in place. I wouldn’t have needed the go bag, but having the money and the attorney would have stopped me from making certain decisions I felt I had to in the heat of the moment.

Ten-Foured,

JeD

Feminism: The Results

HeligKo
SlutWalk NYC 2011

This is where feminism has taken us. Watch the video

It a time not so long ago a man hitting his wife was largely ignored, or so the story is told. I don’t know that was ever really true, but that is the story. I do know that feminism has brought us a world where men can’t be harsh with a woman without intervention from others, but a woman beating on a man is considered entertainment. We have seen the video of Ray Rice hitting his now wife on the elevator. If you haven’t then check it below. It seems that defending yourself is only okay withing certain boundaries. I see her hit him at least twice. Yes he is a big strong man, but she is not a child. The world wants us to treat women as children. If they hit you, then they it can be returned. If it is, then you should limit yourself, so as not to hurt her. I have said it before, but we are going to see more Ray Rice scenarios, and they are going to be worse. As men are treated as if the smallest things are the same as big things, the ones who don’t or can’t avoid the confrontation will escalate it quickly, because they will be handled the same regardless. Feminism is on a path of making things more dangerous for women, not less.