Posts tagged as:

divorce strategy

Fathers Should Get An Automatic 50% Child Custody

by davidpisarra on September 24, 2008

Here’s an extract from my weekly column,  ”What’s the Point?” which appears on Tuesdays in the Santa Monica Daily Press. Original column here.

 When a man is first told he is going to be a father, naturally the expectations of what the future will look like pop into his head. He may think of fishing trips and baseball games, ballet recitals and happy holiday memories being created. 

At first he and mom, are getting along great, they both agree on what needs to be done to properly raise a child. Mom’s in charge a lot, at first, because of the necessity to breastfeed, attend to the endless needs of a newborn and her own maternal instincts. This works at first, but it also sets a pattern for dad’s relationship with the child. Mom’s in charge and dad does what mom says to provide for the growth and well-being of the newborn. 

That pattern continues, and hopefully in healthy relationships the parties begin to equalize as the baby becomes a toddler and mom can back off and dad can take on a stronger role.

But not always. Sometimes, the relationship stays imbalanced, those are the ones I think I was seeing this weekend – the detached fathers who have stepped back from an active role in their family, and that’s a shame. They should be contributing and directing the growth and setting the boundaries for their children as much as Mom, if not more.

Sometimes a divorce happens. Then the parties have to come up with a written agreement on how to parent their child. Most parents don’t have too much conflict over this. Thanks to a common heritage, or at least a common set of desires, the Parenting Plan can fairly easily be agreed to. Mom gets Mother’s Day, Dad gets Father’s day, they alternate the big holidays, etc. 

Sometimes though, there is the Grand Battle Royale. Where one parent doesn’t want to share the child. Usually it is mom, who is too attached to her child, and she feels that Dad is a bad influence, lacks parenting skills, is too indulgent, or too strict, “he never shows up on time, he never returns the child on time”, and the most common complaint is that “he has a new girlfriend who is inappropriate.”

This is where the Parenting Plan becomes the roadmap of your relationship, not only with your child, but with your ex. The Parenting Plan will determine when you as a father have time with your child. If you have a cooperative ex, this can be a very flexible agreement, as simple as, “we’ll share the kids”, other times you need to have an excruciatingly specific plan.  This plan will determine how much, how long and how often you have to interact with your ex and your child. If she’s still angry and bitter, the more specific the plan, the easier it will be to have a court, or the police enforce it, and that means the fewer headaches dad will have.

Married dads don’t get to spend a lot of time with their kids, divorced dads get even less. There are few years in which a father has the opportunity to have any long lasting positive effect on his children, he should spend what few hours he has, really making a difference. That’s why I think that more fathers should step up to the plate and take a stronger role in their children’s life. It should be mandatory that if you divorce and have kids, you automatically have the kids 50% of the time.

That wont be popular among many divorced moms, partly because they are still angry, and for some, because they don’t want to see a reduction in their child support. But the reality is that, as a society, we need to have more men, acting like men, and teaching their children what it means to be a man, and that includes their daughters. So that they know what to expect of their future spouses.

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Parental Alienation Loses Round One In Court

by davidpisarra on September 22, 2008

Here’s the latest on Big Daddy and the Psycho Case:

I had a win last week, well, as much as anyone wins in the Family Courts. One of the fathers that I’ve been representing for the past 9 months had the value of his relationship to his child validated by the courts. This is a man who is going through an agonizing divorce and child custody battle. We’ve been in court a dozen times seeking and fighting restraining orders, custody orders, visitation enforcements.

The mom has done everything in her power to prevent dad from seeing his 2 1/2 year old daughter. For 10 weeks she denied him visitation, before he hired me. She has used the Nuclear Option in custody battles and alleged that there sexual molestation by the father, on absolutely no evidence.

Finally the court ordered an independent evaluation of the respective parenting skills of the parent, which involved full psychological evaluation of all parties. The report came back heavily weighted in favor of my client, and so, in a last ditch effort to alienate the father from his daughter, mom decided she “had to move” out of state.

Thankfully the judge saw this case, after all the court appearances, and the psychology, for what it was. A mother doing everything she could to rid dad from his daughters life, and he put a stop to it. She can move, but if she does, dad gets full custody here in California. Suddenly she doesn’t quite “need to” anymore.

This was nothing more than what is called Parental Alienation syndrome and it is is a hot button issue, and which side you come down on, is very much determined by whether you are the parent who is trying to destroy any relationship between your kids and your ex, which frequently masquerades as “protecting the children”, or whether you are the ex, the “target”.

It is a pattern of behavior that creates fear, anxiety and distrust of the target parent. Frequently it is the mother, but it could be either parent, who tries in subtle, and sometimes not so subtle ways, to create a wedge in the relationship between parent and child.

The subject is difficult to identify because of what the alienator does, as an example, “Susie, I want you call me as soon as you get to daddy’s house. You know you can ALWAYS call me if you need me.”  On the surface this looks like mom is just being a concerned mother. But the underlying message is that “Dad’s is not a safe environment for you and I’m concerned for your welfare.”

Many judges, lawyers, therapists, counselors and evaluators will not see this as an example of PAS, but when comments like that pile up, it begins to create a wedge between child and parent. The goal of the alienating parent is to destroy the relationship between parent and child, so that in a child custody case, full custody is given to one parent in contravention of the other’s rights. Father’s already have a hard time with this, as they are usually not the primary caregiver, so already their relationship is being minimized due to time constraints.

This topic was widely covered in the media in April of 2007, when Kim Basinger released a private family phone call from the father of her daughter, Alec Baldwin. This was a clear attempt at parental alienation, and was in my opinion a wholly inappropriate and mean spirited thing to do. Mr. Baldwin has a book coming out today about his trials and tribulations in Family Court, called “A Promise to Ourselves”. as he said in his public apology, “I have been driven to the edge by parental alienation for many years now. You have to go through this to understand. (Although I hope you never do.)”

It is a common belief that men don’t love their children as much as women. Well, in the case I’ve dubbed ‘Big Daddy and the Psycho’, he drives 2 1/2 hours each way, twice a week, to spend 2 hours with his daughter, and every other week he makes that trip a third time, to pick up the baby for a weekend visit. He spends 10 hours a week in traffic, to see his child for a mere 4 hours a week.

Dads can be, and are, dedicated parents also.

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How To Pay For An Attorney When You’re Strapped For Cash

by davidpisarra on September 19, 2008

We all know the joke about why divorce is so expensive - because it’s worth it. 

Living in Los Angeles, everything is expensive, and these days cash is getting tight for many people. As the cash crunch gets tighter more relationships are breaking up. When couples start fighting over money, usually the lack of it, the divorce is not far off.

It is at this critical time that you most need to have the advice and counsel of a good lawyer, one who is experienced and knows the courts, which means they are going to charge for their time. Time is how an attorney charges for their knowledge. 

In California clients can hire family law attorneys and give them what is called the Family Law Attorneys Real Property Lien. This is a way for you to access your home’s equity, without having to put out too much of your cash today. Frequently lawyers will take a case with a smaller retainer, if they have the protection of the Family Law Attorneys Real Property Lien.

Think of it like a home equity line for your defense. It’s a way for you to get the representation you need today, to make sure you have something left tomorrow. The way it works is you and your attorney agree that they will be paid out of your half of the community property equity in the home, if you don’t pay your bill otherwise.

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Suing for Sexually Transmitted Diseases

by davidpisarra on September 18, 2008

Sometimes when a spouse wanders and cheats, they bring home more than a smile, and when that happens, it’s a dead giveaway that they’ve been cheating.  Finding out your spouse is a tramp is bad enough, but when you get a sexually transmitted disease ( an STD) to boot, it really makes you angry. One woman decided to sue her ex for $25,000,000 yes, 25 MILLION DOLLARS!  Most cases are not that juicy, but if you want to read up on it, check out this article I’m quoted in at DIVORCE360.COM.

 

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Child Custody Battles - Parental Alienation Resource

by davidpisarra on September 18, 2008

Here’s a Parental Alienation resource for telling your side of the story. The folks at www.keepingfamiliesconnected.org are not just building a website, they are living the horror of Parental Alienation. They built this site to help others deal with the pain of the loss, and to hopefully create a roadway back to their children and their lives. It’s a great idea, and they’ve done a wonderul job of setting up an example of what a parent who is fighting for the right to see their kids should do. The video is a great example of a father’s devotion.

If you’re a dad who is experiencing the loss of a child through Parental Alienation, creating a website here, might be the way that your kids can  reunite with you as they grow up.  Parental Alienation Resource

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FINANCE ADVICE FOR DIVORCING MEN

by davidpisarra on September 9, 2008

In these times of financial uncertainty, when a couple goes through a divorce the few assets that most people have need to be divided as fairly as possible. Most men tend to want “out” quicker than they want to protect themselves. Men tend to believe, perhaps rightly so, that they can recover financially quickly, and while that may be true, there is no reason for a man to take more of a financial hit than his soon to be Ex.

I wrote in my column for Divorce360.com, THE MEN’S ROOM:

Homes have historically always gained in value, and momentarily ignoring the temporary ups and downs of today’s market, always will. A home is generally the largest investment that two married people have, as such there is frequently a great deal of equity, and more importantly, future equity, in that asset.             

A boat on the other hand, as the old joke goes, is a hole in the water, into which you throw money. Boats are without a doubt the single worst asset a man can take away from a marriage. And they do it all the time.             

They are bad because they are dead weight on someone’s financial wellbeing. Boats have ongoing costs to maintain them, like slip fees, scraping and engine maintenance. They lose value each month and very quickly become of no value, and you have to pay to have them scrapped.   

 I believe men should not take a long term loss (Giving up the house) for a short term gain (Getting out quickly) it doesn’t make sense financially or strategically.

A home is the biggest negotiating chip you have, use it wisely, remembering that it is only going to appreciate in value over the long term.

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Child Support - Keep the Check!

by davidpisarra on August 6, 2008

         Most of us have at some time had to keep records of our expenses. For a job, a charity pancake breakfast, working with the Scouts, all these are times when you need to keep a record of what you spent so that you can be reimbursed. And if you lose a gas receipt, or forget about that three gallons of milk, it’s really not a huge deal.

Not so with Child Support.

       Child support is whole new ballgame. When it comes to paying child support you must be as alert as Jack Bauer is when he’s saving the President’s life. You cannot let anything go to chance.

       As a parent, you want to provide for your child. You want to make sure they have their needs met. What you don’t want to do is be a bookkeeper – however that is precisely what you must be.

        The rules on Child Support are hard and fast, and there is very little compassion for the father who, tearfully and honestly, tells a court, “I gave her cash every week for ten years.” Oops, sorry, if you can’t prove that you have paid every last dime that you owe your ex for the care and feeding of your child, you have to pay it again.” [click to continue...]

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Don’t Use The Internet to Wage Divorce War!

by davidpisarra on August 5, 2008

The original article is : YouTube, Divorce and Airing your Dirty Laundry - Divorce360.com

Tricia Walsh Smith, a New York playwright ( can you say Drama Queen?) chose to air her ugly divorce on YouTube, including allegations about her soon to be ex’s impotence - bad idea. This doesn’t make the judge like you more, and it does open you up to at least the possibility of being sued, and possibly sanctioned by the judge.

I am quoted as follows:

David Pisarra, a Los Angeles divorce attorney, said the video is just another sign of the times. “Everyone in this modern day wants their 15 minutes of fame. This may be her way of getting it. It’s also part of today’s social networking. Everyone is always plugged in all the time…. People who go on MySpace and blog can quickly have 200 friends… This is how people today choose to connect to each other. It’s a very human emotion, people crave connections. We’ll do anything we can do to get them. This is the latest rendition of how people chose to connect to each other.”

 Here’s the complete original article:

http://www.divorce360.com/articles/935/youtube,-divorce-and-airing-your-dirty-laundry.aspx

and the actual Tricia Walsh-Smith video here:[youtube=http://www.youtube.com/watch?v=hx_WKxqQF2o]

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“Nice Doesn’t Count in Court” - Divorce360.com

by davidpisarra on August 5, 2008

Here’s a quote from an article in which I say:

“Nice” isn’t codified in the family code so judges have no parameters to use it,” said David Pisarra, 41, partner in the Santa Monica, Calif., law office of Pisarra and Grist. “It speaks to the fact that marriage is a business contract and emotions have very little impact in proceedings.”  

The full article is here: http://www.divorce360.com/articles/695/nice-doesnt-count-in-court.aspx

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How Men Get SLAUGHTERED In A Divorce

by davidpisarra on August 5, 2008

THE CAREER TRAP FOR MEN

             “Men always take it in the shorts, in court” – this is a very common sentiment among the husbands and fathers who are entering into the arena of battle called Family Court. It is an extremely unfamiliar playground for most men, because the rules of the game run contrary to what we as young boys are taught.

            As a child, a boy is taught to be tough, don’t let your emotions show, and conquer the other side with overwhelming strength. In the adult world of business and careers, those are exactly the skills that one needs to succeed.

            As a new husband and father, men are taught to be a good provider, which means to bring home a big paycheck to buy a big home, to pay for daycare and after-school activities like gymnastics, ballet, little league and soccer. This drive for career success provides men with a sense of accomplishment as they become the stereotype of ‘American Dad’.

            Then the divorce comes. Custody battles start, and the fight over money to support the child begins.

            This is where most men lose the battle before they even go into court. Not because the court is inherently against them, but because they don’t know the rules, and more importantly the goal of the game. [click to continue...]

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