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Strategy Issues

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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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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DON’T BE A “GOOD GUY” AND PAY OFF THE DEBT!!!!

by davidpisarra on August 3, 2008

NEVER PAY OFF THE DEBT BEFORE THE DIVORCE!!! 

            When it comes to strategy most men are really good at figuring out when to hold a poker hand, or call a Hail Mary in football. We spend hours talking about what works, what doesn’t and why. Men can spend all afternoon on a boat, with a six pack, talking about how to beat the casinos in Vegas, but when it comes to planning a divorce they clam up and what little instincts we have are usually wrong. A man will tend to do what he thinks is the “right thing” to do, and frequently it is the wrong thing to do, when you are going through a divorce.

            A common occurrence among the men who come to our office is that, they have just recently paid off all the debt. Sometimes they have refinanced their home and used an equity line on their home to get a lower interest rate on their credit card debt, and paid off their soon to be ex-wife’s credit cards.

            These are good things to do, if you are planning on staying married, but they are huge mistakes when it comes to the strategy of planning for a divorce. [click to continue...]

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