DAVID PISARRA

Archive for September, 2010|Monthly archive page

What Type Of Lawyer Do I Need?

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues on September 24, 2010 at 3:42 am

“I need a shark” I hear that often from clients who think that the way to win in a child custody case or a divorce is to hire the nastiest, meanest, most abrasive, and aggressive lawyer they can find. They want to make the other person’s life a nightmare. There are times when being a shark is appropriate.

“I just want out” is a frequent comment from the men that I represent. By the time a man comes into the office of a lawyer he’s usually already made up his mind to get a divorce and is willing to give her anything she wants, just to be free. Big mistake. Huge. He’s looking to give up way too much for his peace of mind.

“I’ve moved out, and now I’ll settle for 50/50 custody of the kids.” Yeah, not so much. Unless your ex is a travelling saleswoman, you’re not going to get a court to give you 50% custody when you leave the house. The other statement I hear a lot is, “She’s not a fit parent, and I want full custody.” If she really is dangerous, you should not have left, but rather turned her in to the child protection agency, or sought a restraining order protecting you and the children.

Those are three scenarios that I frequently come across and they illustrate the different roles that I play as a lawyer.

THE SHARK

Sometimes I am a shark and have to be extremely aggressive and relentless. I had that in a case where I knew that the ex-wife had remarried, but denied it so that she could continue to collect alimony. We hired a private investigator and kept digging until we found the proof we needed to stop paying her alimony. We spent many thousands of dollars but saved over a hundred thousand.

THE PROTECTOR

Other times I have to be a protector of my client, against his own wishes. I have to fight with him to make sure he doesn’t give up too much to achieve peace. Men don’t value money and possessions, they are usually of the mindset that they will just go earn more money and buy new stuff. But there’s no reason why they should give up more than half in a divorce, and it is frequently my job to make sure that they don’t.

THE VOICE OF REALITY

Fathers want to be an active participant in their children’s lives. But what they don’t realize is that they must fight hard and strategize long before a breakup to make sure that their rights will be respected and honored, not by the mother, but by the court. Men need to know what their options are, and their legal rights and obligations, before they make any drastic changes in a family law situation. The biggest mistake most men make, is to act first, seek counsel second. When they do that, I have to be the voice of reality that explains to them why they have already lost the war and they didn’t even know they were fighting.

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A Pointillist View of Parental Alienation – One Father’s Experience

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Parental Alienation, Paternity Issues, Perjury, Restraining Orders, Spousal Support, Strategy Issues on September 22, 2010 at 4:46 am

Michael Jeffries’ memoir, A Family’s Heartbreak – A Parent’s Introduction to Parental Alienation, describes his transition from beloved father, to exiled provider. It is a painful, yet engrossing read. The book is part ‘Dear Diary’, part window into the therapist/patient relationship, and part academic treatise on the various neuroses and personality disorders that led to the living hell that Jeffries experienced, and in some ways is still living.

Parental Alienation Book Cover

A Family's Heartbreak - A Parent's Introduction to Parental Alienation

Like a pointillist painting, where the further back you stand, the clearer the picture becomes, Parental Alienation is a series of seemingly innocent miscommunications, or concerns for the wellbeing of a child; and it is only when the dots are connected that you see the complete picture.

Jeffries went from the American Dream of wife, and two loving boys, to the nightmare of Parental Alienation, which is a situation where one parent, usually the mother, actively works to destroy the relationship between the other parent and a child. The at one time loving son, was turned against him by an ex-wife whose own fears of abandonment and insecurities destroyed the relationship between father and son.

When Jeffries decided it was time to move on from his marriage, he unknowingly tripped a trigger wire for his ex-wife’s emotional imbalance which led  her to enrolling their youngest son into her psychosis. It started with her having the 11 year old boy sleep in her bed, and continued to the point that the father/son bond was strained to the point of breaking.

In distressing detail, Jeffries lays out the progression of his son’s conversion from loving juvenile to emotionally exhausted teen who simply cannot tolerate the ongoing pain of contact with his father. In remarkably clear language, Jeffries explains the transformation of his son, and the tactics used by his ex-wife to create the transformation.

By detailing out the seemingly innocuous actions of a concerned parent, Jeffries is able to connect the dots of how one mother turned her son against his father. He paints a picture of the impotency of the court system to help him, based on the inherent bias of the courts in mother’s favor, and the difficulty in attacking what appears to be nothing more than a mother’s concern for the welfare of her children. No one wants to believe a mother could be so devious, deceitful and dangerous, but she can be.

This book is an excellent exploration into the “Wonderland” twistedness that is Parental Alienation. The lies, the deceits, and the volcanic eruptions of anger for seemingly minor transgressions, these are the battles in a war with no winners.

For every man who is enduring this hell, for every lawyer who fights this form of child abuse and for all the therapists who have to treat the collaterally damaged children, this book should be a first resource in their armament.

In clear, concise language, Dr. Joel Davies and Michael Jeffries explain both the real-world effects and the underlying sub-conscious motivations for this form of abuse.

These are hard cases to try, because on the surface everything looks essentially normal. It is only when you connect the dots, that you can see the whole picture. As stories like Jeffrie’s are made public, awareness will grow, and hopefully, fathers and their children can be reunited, or better yet, never separated.

The book is available at http://afamilysheartbreak.com/

WHO IS THE SEVERE PARENTAL ALIENATION TYPE?

In child custody, Child Custody Issues, Child Support, Divorce, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Restraining Orders, Strategy Issues on September 21, 2010 at 5:19 am

Like Dante’s Hell, there are levels to the hell of Child Custody battles, the darkest, worst level, is Severe Parental Alienation. In Los Angeles we see many cases where one parent, usually the mother, is on a campaign of terror to erase the father from the child’s life. I had a case in Orange County, and we had to go through the full child custody evaluation process, just to keep the little visitation time that my client had. Mom had a history of being sexually molested ( by a family member) and was hypervigilant about her young two year old daughter. The court in Orange County made dad jump through  major hoops, driving from his home in Sherman Oaks to Orange county two and three times a week to see his daughter, but eventually the court ruled in our favor.

Thankfully most people don’t experience the severe parental alienation hell. This level is reserved for those who are dealing with the severely mentally ill. They are the Borderline Personality Disorder (BPD) people. These are people who have a long history of sexual and emotional abuse from when they were children. Severe Parental Alienation happens because people  have major abandonment issues themselves, are that is what causes them to become  Severe Parental Alienators.

Keepingfamiliesconnected.org defines Severe Parental Alienation as:

Severe Parental Alienation: These parents have one mission, to aggressively and viciously attack and destroy the previously healthy and loving relationship that their children have with the other parent. During a separation and the ensuing divorce, the targeted (rejected) parent almost always becomes a bitter enemy in the mind of the alienating parent. They must “win” at all costs. They are determined to be the only parent in their child’s life. They resent and get violent (verbally and many times physically) with anyone that sets healthy boundaries with them in their quest for dominance and control over the other parent. All of which can lead to a long and bitter child custody battle which is never ending.

In many cases, there is a history of severe psychological problems and agitations before the alienation tactics are ever employed. Many times these individuals suffer from some type of mental illness. The alienator perceives and portrays themselves as the victim. They are obsessed, consumed and driven, by the goal of destroying the “target” (rejected) parent in the eyes of the child (or children). They enroll family, friends, co-workers, neighbors, schools, churches, police, and the courts in their quest to remove the target parent from their child’s life. They constantly create opportunities, to reinforce their agenda to manipulate the children into believing their false realities. Anyone that might support a realistic and positive view of the “targeted” (rejected) parent is cut off from the child’s life. They also remove any evidence of positive interaction with the child and the other parent, in an effort to complete the brainwashing process, such as pictures, cards, presents etc. If they ever feel guilty, they dismiss that guilt with statements like “I know what’s best for my child” or “I’m just protecting them from abuse or negligence”.

The child is both a weapon to be used against the other parent and a tool to make them feel emotionally complete. They are so consumed with themselves, their hatred, and the need to control, that they are only interested in their own needs. They refuse to see the pain and destruction they are causing in the life of their child. Even after the alienation is complete, a severe alienator will often continue to use the child and the courts to further their revenge on the targeted parent with excessive litigation, unnecessary bills and continued accusations of both physical and sexual abuse. Often they are not satisfied until they see the complete destruction of the other parent both emotionally and financially. They need the rejected parent branded as an “abuser” in order to feel good about themselves and their actions. These people are damaged and in desperate need of professional psychological help and extensive therapy. They often have clinically diagnosable issues such as BPD (borderline personality disorder) .  Most will never get the help they need unless it is court ordered, which is rare indeed.

PROVING CUSTODY AND VISITATION TIME IS USED – DAD’S DIARY

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Perjury, Strategy Issues on September 16, 2010 at 3:03 am

One of the most common claims of mothers, is that dad “never uses his current custody and visitation” and then she wants to take what little time he DOES have, away from him. So that she can get more Child Support. It’s a common complaint, and it’s usually driven by greed. As the lawyers who are defending the fathers, it is REALLLY difficult if he has no proof to offer to a court. That’s why we always, always, ALWAYS tell our client to make a Dad’s Diary.

This video helps explain how a dad can improve his chances when he goes into court.

CHILD SUPPORT ARREARS – INVOLUNTARY SERVITUDE

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Perjury, Strategy Issues on September 14, 2010 at 3:58 am

If you’ve fallen behind in your Child Support payments, you know how hard it can be to get caught up. Arrears, being behind in your payments, can be a devastating event in your life. Especially if the state has taken away your Driver’s License, or your professional license ( which can happen with Realtors, Attorneys, anyone who is licensed by the state!!!)

In this video I talk with RJ Jaramillo from www.SingleDad.com about arrears and how important it is to modify your support if you have a change in your income.

Mid-Life Divorcing – When is it time to move on?

In Divorce, Spousal Support, Strategy Issues on September 13, 2010 at 2:18 pm

This is a very thought provoking article on the patterns of couples who divorce in mid-life. I’m quoted in the article as saying:

“In my practice the overwhelming reason I see for older couples getting divorced comes down to one thing and that’s happiness,” says David Pisarra, an attorney in the family law office Pisarra and Grist and founder of Men’s Family Law. “These couples were married in a different time — a time when more emphasis was placed on the family unit and less on the individual. So the question many ask themselves is, ‘Is my partner going to hold me back or go along for the ride?'”

Thank You Susan Kuchinskas !

My Rules on Child Support – NO CASH EVER!!!

In child custody, Child Custody Issues, Child Support, Property Issues, Spousal Support, Strategy Issues on September 12, 2010 at 4:57 pm

Okay so here’s a video I did with RJ Jaramillo from http://www.SingleDad.com, where I’m the legal expert. We’re talking about how to pay your child support.