DAVID PISARRA

Posts Tagged ‘father’

Divorce and Child Custody Video – Parody? Kinda, sorta, not really.

In child custody, Child Custody Issues, Child Support, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Perjury, Prenuptial Agreements, Property Issues, Restraining Orders, Spousal Support, Strategy Issues, Uncategorized on August 6, 2010 at 11:02 pm

Okay, so, this video deals with a man after a divorce, and whether or not he’s still a dad, and what his child custody and visitation is going to be like. I like it because it’s kinda funny, but I’m also really touched by it, because it’s also WAY  too true of what many men and fathers feel like after going through a divorce and child custody battle, especially when they are unprepared or representing themselves.

I really want you to watch it, remember, DON’T LET THIS HAPPEN TO YOU !!

Call me. Write me. Let me help you.


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Fathers Should Not Leave Family Home

In child custody, Child Custody Issues, Child Support, Domestic Violence, Parental Alienation, Paternity Issues on August 2, 2010 at 10:35 pm

This week my column in the Santa Monica Daily Press deals with the issue of whether or not fathers should leave the family home. Doing so is a big mistake in child custody cases. It sets the mother up as the de facto Primary Custodian, which is why most men never get the custody that they so desperately want. Child Custody battles are largely fought and won, LONG before the court even looks at the case.

Here’s my column on the subject of Dads leaving home, as it originally was posted in my column, What’s The Point?

Sitting before me is a man, a father, a provider of love to his children. He has soothed scraped knees, taught bike riding, and changed wet bed sheets at 3 a.m. He is fighting back tears because we are not close enough yet for him to let me see the hurt. I know he needs to let the pain out, I know how to say just the right thing to make him feel comfortable, and his defenses crumble. For the first time in two months, he allows himself to feel the loss of his family.

I’m a divorce attorney. I’m one of those people that helps others through an incredibly difficult period of their life. I have to deliver bad news regularly. Some days it feels like that’s all I do. I specialize in helping men; fathers and husbands who are entering a minefield, financially and emotionally, through what is arguably one of the most difficult and treacherous periods of their life.

Frequently a man comes to my office having already left the family home and the first thing he says is, “I don’t care about the house, I just want to see my kids.” What he doesn’t know, and what I have to tell him, is that he has already lost the war for custody.

He and his wife were not getting along, they were bickering and fighting in front of the kids, she kept telling him to “get out, just leave!” He thought it was best for the kids — that if he moved out the fighting would stop.

Big mistake. Huge. Tremendously bad move.
The only time that I tell a man to leave the home is if there is physical violence, or she’s mean enough to lie about being abused to get a restraining order. Other than that, moving out is the single worst thing a man can do in a divorce, financially, emotionally, and if he moves out, he has to get an apartment, which takes money. It increases the financial strain on the couple, who are already low on money, and now he has to buy furnishings, dishes, pots and pans, etc. for his apartment, plus anything the kids need is duplicated. As the money gets tighter, they are going to fight more, and if he’s not living with the family, soon enough she’ll be after him for child support, which will only put more strain on him.

When he moves out, the little communication that was happening between him and her usually gets worse. Frequently it stops altogether, and the reasons for the breakup never get talked about, or worse, he now gets blamed for “leaving.” Which makes him feel guilty, trapped in a “Catch-22” situation and he just wants to give up and run away.

Lastly, and the worst part of this tragedy, is that moving out has created a “status quo” as far as the courts are concerned in regards to the children. Since dad left the kids with mom, the court thinks that they should be with her, and that’s what is most likely going to happen. He will see them every other weekend and a weeknight dinner. This is the bad news I have to deliver to the man who sits in front of me in tears.

He didn’t know that was going to happen. He didn’t think he’d lose seeing his kids all the time. He doesn’t care about the house, the furniture, the only thing he wants is to be a dad, and now he’s a weekend dad. All it took was for her to push him out of the house.

Simply because he left, he’s now a part-time parent. He did it to create peace, which didn’t happen. He did it to make his relationship with his kids better — that certainly wont happen. He did it because he thought he’d get a 50/50 custody deal, which is a pipe dream, while her child support is tied to how much time she has the kids versus him.

Men are hugely uneducated about what happens in a divorce or a child custody battle. We don’t talk about it with each other. We don’t share how to plot, strategize and set up the situation to our advantage, which is our own undoing.

Fathers shouldn’t leave until they have to. Fathers need to talk to each other to find out what to do. Men use coaches in sports, and mentors in business and they need to rely on each other to get through life’s challenges, and to keep what is theirs: their children.

Stay At Home Dads are a Good Thing!!!

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Strategy Issues on July 25, 2010 at 10:15 am

This article from Huffington Post, and the related video on the benefits to children of stay at home, and the abilities of fathers to be good parents identifies a cultural trend that I am happy to be part of!!!!

It says that men make excellent parents and that the cultural bias that mothers are naturally better is more a matter of they’ve had more practice, than actual parenting skills. As women have entered the workforce and more men stay home, we’re going to see this myth, like so many others, fall by the roadside.

Dad and son in the sunset

Father and son.

Fighting for Child Custody? How not to lose the battle.

In child custody, Child Custody Issues, Child Support, Domestic Violence, Gay, Parental Alienation, Paternity Issues, Strategy Issues on July 23, 2010 at 9:14 am

Most of the men fighting for Child Custody I represent would do ANYTHING FOR THEIR CHILDREN. It’s one of the reasons they work so hard, which tragically, becomes the millstone around their necks that the ex-wife uses. I address the strategic issue of whether to move or not in this article posted at The Good Men Project.

Short Version – NEVER LEAVE THE HOUSE UNLESS YOU HAVE TO.

child custody battle over visitation

Child being torn between mother and father.

Father’s Day Special: On Fatherhood and Raising Men

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Uncategorized on June 17, 2010 at 9:22 am

I never really knew my father. Well, let me be clearer. I know who he was, he lived with me until I was 12, and then I lived with him on summer vacations and such. I have memories of going fishing once or twice with him. I recall fighting with him as a teenager, and the weekend before he died we had a great conversation, but I was 19 and in Boston for the summer.

My father was a World War 2 vet, but the way he told it, he was on an island in the pacific resupplying ships and it was a blast. He went to college on the GI bill and was salesman. He sold printing presses, then life insurance, and then funeral plans.

He was the 13th child born and the 11th child to live in his family. He was the baby who was raised by his sisters. Which partly explains his life skills, or lack thereof. Alcoholism took a hold of him fiercely, and it effected my family dramatically.

I am the baby in my family. I was the third son born, my parents were in their mid 40’s and by the time I came along, alcoholism was in full bloom and its effects were being felt throughout the family. My parents fought bitterly and viciously. My brothers, who were 16 and 14 years older than me, had more fully seen the terrors that I felt the repercussions of as a child.

So when my parents finally divorced, it brought peace to the household, but there was a cost. My father became sober soon afterwards, but I was a pre-teen, and parenting a pre-teen from afar is nigh on impossible. The job fell to my older brother Chris.

He was an island of calm, mostly, in a household of alcoholism and anxiety. For even though my parents had divorced, the long term negative effects of their marriage remained. My mother was struggling to make it financially, and battling with the bottle herself. My brother Chris took up the responsibility for being a father figure in my life and though he did a great job, and I love and respect him for it, he was only 28, and he had my father as his father. He was denied a good father just as much as I was, probably more.

When I look at my father’s life, I see the pattern of my life. I see how he was raised by his siblings, I see the lack of strong male figures to teach the hard lessons in life.

It is perhaps one of the reasons why I am attracted to the work I do.

As much as a mother can nurture a child, she cannot teach a boy how to be a man. Young boys need their mothers, but the more I think about it, and the more I learn about the way men develop, I believe it is the men who teach boys how to be men.

In the ancient Grecian state of Sparta, boys were raised by their mothers until they were 7 when there were sent to be raised by men. The understanding of boys and men, the ways in which we think and act, versus the manner in which we should act, these are lessons that need to be taught by men because we speak a common language.

Only another man intuitively understands my impulses towards anger, aggression, and sex. Only older, wiser men have been able to show me a better way of dealing with those topics.

Fathers, and father figures, are vitally important to the upbringing of boys. It is a crime in our country that so many men are sidelined by the courts, and their exs, when it comes to the raising of the children. It is the future men who are being denied vital life lessons, and it is our society that will pay the price.

The conventional wisdom that the mother is the better parent in all things is as absurd as hiring a plumber to fix a soufflé. Mothers are vitally important at certain times, just as fathers are vitally important at others, to idolize one, and ignore the other is philosophically imbalanced and illogical.

This Father’s Day I’d like to see an awareness of the important role that men play in raising boys, who in turn become fathers. Father’s Day is a day honoring fathers and celebrating fatherhood, paternal bonds, and the influence of fathers in society, but to do that, we first have to really understand what they do. It’s about more than just paying child support and every other weekend.

At least, it should be.

Gay Dads Are Fabulous Fathers !

In child custody, Child Custody Issues, Gay, Parental Alienation, Paternity Issues, Strategy Issues, Uncategorized on June 15, 2010 at 6:39 am

In a recent study on gay fathers, it has been discovered that gay men make great parents. They scale back their lifestyle, engage more with their co-workers and participate more fully in the society around them of parents.

This is beneficial for the the children, the parents and society at large. Coming on the heels of another study showing the benefits of a lesbian household for children, the benefits of gay parenting is being proven and hopefully soon states like Florida which have restrictions on adoptions by gay parents can be struck down in the courts, either of public opinion or in the judicial system.

Don’t Put Up with Domestic Abuse – Get a Restraining Order.

In child custody, Child Custody Issues, Parental Alienation, Property Issues, Strategy Issues on December 2, 2009 at 8:21 am

This holiday season is upon us, and with it comes the inevitable increase in fights among family members.

It’s the first day of December and already we’re seeing an uptick in the family squabbles that are resulting in emergency protective orders, which are issued by the police and must be followed up with a request for a temporary restraining order.

The first thing to know is that the police have a legal obligation to prevent violence. In a domestic dispute if there are sufficient grounds to believe that violence is about to occur, the police can and will issue an emergency protective order. And frequently when the police are called for domestic violence, they are forced to arrest one party, whether it be the husband or wife, boyfriend or girlfriend. If you are faced with a domestic violence situation depending on whether you are the man or the woman, you should be prepared to leave the home immediately taking with you any children.

There are 23 shelters in Los Angeles that are available from Artesia to Whittier. Though most of them will not take a man. Sexism is rife throughout the domestic violence protection community as men are vilified as the perpetrators.

Read the rest of this entry »

DADS SHOULD BE ACCOUNTABLE

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Strategy Issues, Uncategorized on October 15, 2009 at 5:59 am

Here’s a great, and I MEAN GREAT article on holding Dads accountable! It’s the best way to increase the rights of fathers and protect fathers interests in raising their children. When more people hold fathers responsible, more fathers will BE EXPECTED to step up, and that will make it easier for all fathers to exercise their rights.

Dads, This Is Your Challenge To Step Up

Child Support Help for Unemployed Dads Accused of Sexually Molesting

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues, Strategy Issues, Uncategorized on July 29, 2009 at 6:15 am

Parenting has become war for some people. It’s a shame that some people use their children as a means to help make ends meet. I know the custodial parent will say that raising a child costs more than they will ever receive in child support and they are right. But that doesn’t stop some custodial parents from trying to increase their support any way they can.

For others it’s a matter of control. They hate the father. There’s a variety of reasons, from “it was just a one night affair – why wont he go away” to “he’s a low-life scum and I KNOW he’s molesting my baby.”

When a father is accused of sexually molesting a  child, it triggers a whole host of problems. Depending on who did the reporting, when it gets investigated by Child Protective Services, the case will either be closed for lack of grounds (this frequently happens when the reporter is the Mom and she is doing it only to cause problems or lay the foundation for Parental Alienation) or investigated further. If a mandatory reporter (doctor, therapist, psychologist, school counselor etc ) does the reporting there is a much greater chance of a full blown investigation because usually the child has said something that has triggered the investigation.

An unemployed dad, who is accused of sexually molesting his child, and who has to pay child support, needs help, badly. The first thing any father who is unemployed should do, is file a Motion to Reduce the Child Support he owes. In California it is called an Order To Show Cause, basically it’s an application for the order, and a declaration under penalty of perjury that your income has dropped and the child support needs to be recalculated.

This is important to do as soon as possible, so that you can get a court date and reserve what is called Retroactivity. That means the court can modify the amount of child support you owe going back to the date you filed – that’s called Retroactive Child Support Modification. This is important because you may not be in front of a judge for 3 months.

You need to do this, because if you are unemployed and facing sexual molestation charges, you need an attorney who specializes in that area, and they will need to be paid up front. This is a VERY very VERY serious matter. I call it the Nuclear Option and more and more moms are using against dads.

Justice calls for an end to quickie divorces

In child custody, Child Custody Issues, Child Support, Parental Alienation, Paternity Issues on July 2, 2009 at 9:47 am

Check out this article, she writes about how her brother killed himself, but was a great dad, and maybe the costs of being away from his kids lead to the depression.

http://www.cnn.com/2009/LIVING/07/02/sears.family.divorce/index.html