THE TRUTH BEHIND WHO "WINS" A CUSTODY CASE
by Wendy Archer
Written by Wendy Archer
contact information: wendyarcher@rocketmail.com
The truth about litigation and the conduct of family court judges is not pretty. In fact the truth is so downright ugly that it is literally unbelievable to most people who have not experienced it firsthand. Most of us were raised to believe that our justice system ensures that in the end justice is served. Of course we know that there is misconduct and even corruption in some situations but surely that would not be true in cases involving child abuse, so we assume. Everyone knows that child abusers are considered to be on the on the lowest rung of the ladder in any and all social groups and surely no judge would knowingly and intentionally put a child into the hands of an abuser, right? Wrong. In fact, grossly wrong.The truth is that child abusers are awarded full custody of the children they abuse on a regular basis and in many situations the family court judges KNOW they are putting these children into the hands of their abusers.
Unbelievable? YES. True? YES. But HOW and WHY can this possibly be true you must be wondering if you are one of the lucky few who has not witnessed this very sick operation of our family court system.
The HOW and WHY can usually be boiled down to a few simple factors. FINANCIAL AND POLITICAL MOTIVATIONS.

One very common scenario is as follows...
There is a couple who has been divorced for several years. They share exactly equal parenting time per court orders, an exact 50/50 split of time. One parent is extremely narcissistic, very emotionally abusive and unusually wealthy. The other parent is mild mannered, compliant and very financially poor. The extremes between the two parents' personality traits and financial situations make the conditions right for a contentious custody issue to surface at any time, especially if the differences become more and more extreme over time.Narcissist personalities have an unbridled sense of entitlement. If they want it, they feel entitled to it. Period. Narcissistic personalities also lack any fear of consequences, including consequences as serious as jail time. When these traits are combined with unlimited financial resources, the results can be horrifying. For example, if a narcissistic and wealthy parent decides they want to violate court orders and withhold a child from the other parent they will do so with bold entitlement and without fear of any consequences. In fact they will probably even act proud of their illegal and unethical actions. This happens all too frequently. It seems the remedy would be simple in that the victim parent would seek legal assistance and the parent in violation of court orders would be swiftly corrected and punished by a family court judge.
Shockingly and sadly, that is not the reality of what most often happens. After attempting to beg, plead and reason with the narcissistic parent to stop violating court orders, the victim parent usually does hire an attorney and naively assumes that a family court judge will act swiftly with integrity. After all, that's what the family court judges are there for. Little does the victim parent know that the outcome of the case might very well have nothing at all to do with laws or ethics or what is in "the best interest of the children." With the "right attorneys" and unlimited financial resources, the narcissistic parent can and very often does ultimately purchase custody of the children.
Even in situations where it is 100% documented and 100% indisputable that the children have been abused by this person AND that the victim parent is the only mentally healthy and safe parent...even confirmed by the unbiased and objective expert opinions of doctors who have evaluated the children and even confirmed by the abuser's own admission... it is not only possible but likely the narcissistic wealthy abusive parent will obtain full custody of the children. The narcissistic parent will use their most coveted skills and weapons; charming people and money. The abusive parent's narcissistic skills combined with the legal tactic of financially and emotionally destroying the victim parent during litigation is very effective. With their financial resources, the narcissistic parent can hire a literal army of attorneys and you can be certain that they will hire attorneys who have very close relationships with the judge and are most likely some of the judge's top campaign contributors (yes, they really can do that.) This alone will almost assure the narcissistic parent of purchasing custody of their children.
However, narcissists derive intense pleasure out of harming their victims. Therefore, they usually take full advantage of their attorneys' strategy of draining the victim parent of every single penny they have until the victim parent simply has no choice to but sign a "settlement" under extreme duress.
Remember, the victim parent had little or no money to begin with. With the help of their "judge friendly" attorneys and the judge it's only a matter of time before the narcissistic parent has the victim parent financially devastated to the point where they literally can't provide food, clothing or shelter for the children. Many of these victim parents lose everything, every cent they ever saved and even their homes. Their credit is destroyed. They literally can't buy food or clothing for the children and must resort to assistance from various organizations to survive.






















HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
ReplyDeleteRedress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS