Kids do not have rights. NP. Going through divorce now and in an emotional moment I asked my attorney “don’t my kids have any rights?”. And he replied, “technically, under the constitution, no.” It was a devastating but sobering moment. And it stopped me from having further delusions about what family court could and could not do for me. |
My brother is going through this right now and it's a nightmare. Their youngest child is five so it will be a long road. |
Np. This!! |
I’m so sorry. Sending you a hug |
You sure it isn't you? Most of the time, the person running away from the marriage is the damaged one who needs work and a reality check. |
You sound like an abusive narcissist. |
Does that make you a victim enabler? |
I am so sorry for you and your kids. He sounds psychotic. |
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Do the types of things listed here make any difference in court as it relates to custody? Has anyone made a successful argument? Or used them as leverage in mediation perhaps?
I am in a similar situation and my lawyer has advised that barring physical abuse or significant neglect, custody will likely still be split 50-50. |
| PP Even as it relates to physical abuse, I was told it needs to be severe, not shoving or grabbing, for it to make any difference. |
NP and my attorney (not DMV) shared that even in the case of a someone he represented who beat his wide in front of their children, he eventually got 50/50 because they went to court and the judge said that he didn’t beat the children so it was ok. The only hope is to do a parenting evaluation, and pay for it out of pocket with a private evaluator, not a state provided one. My narcissist got his attorney to do one because he is hoping it will make me look bad. He isn’t yet aware that it will include extensive mental health testing for him. At most that will buy us a graduated custody plan and maybe 6-12 months of therapy and medical intervention for him (he has other things going for which he is not compliant with treatment which could also endanger the kids). My final hope is that this drags out for so long that he loses interest in whatever he’s trying to prove and doesn’t ultimately want 50/50, or it goes long enough that my youngest is the age when our state begins to consider kids’ input. |
| PS from PP above: get everyone in therapy if they aren’t. Kids really need help but you also need records of the impact he’s had on them, whether you leave in a month, 6 months, two years, etc. Mine youngest does not go weekly so extracurriculars are not too impacted and they were reluctant, but has says it makes a big difference. |
These parenting evaluations- called custody evaluations or ‘forensics’ usually end up being extremely disappointing to the normal parent and often backfire. These psychologists fleece people, and often write sloppy reports that are extremely hard to challenge. These evaluations are not recommended by pro child groups, and they can end up costing tens of thousands of dollars, and extend the litigation so more legal fees are paid too. Please do not recommend these to others. |
I’m the one who brought up parenting evaluations. In my case, my attorney and I selected the parenting evaluator and my STBX paid for it. This is not typical. His attorney suggested evaluators know for things such as favoring the more wealthy parent, favoring men, doing haphazard reports, etc. I knew going into the divorce that I would need an attorney well-versed in this process, my focus during my initial consults before hiring someone was to choose an attorney who really knew our local landscape of evaluators and (should it go to court) how judges respond to them. STBX has other diagnosed mental illnesses that he treats haphazardly, which may influence why he agreed to pay for the evaluation- he 100% hopes it will show me in a bad light. If you don’t have an attorney who does this every week, the advice I’m replying to is very good and you do need to proceed with extreme caution. But if you have a choice between electing to hire a parenting evaluator vs taking the chance that your narcissist spouse will push a GAL or force an evaluator to be appointed by court, then you really need to be proactive and find an attorney who knows this process. Once you’re in a divorce with someone like this, advice about what you avoid kind of goes out the window and it becomes more about making the best of truly horrible options. I cry or yell every day (when home alone) because it’s a hellscape. I would have stayed in my marriage if I’d had the choice because it would have been an easier way to protect my kids. |
My lawyer also told me that there is enough there that I could request a parental evaluation. BUT my question is - will these people not fudge the answers? As in, my husband has severe anger management problems where he has pushed and shoved both me and our two children, thrown things, etc, but if asked by a psychologist - do you ever take out your anger on others? He would just answer “no, the most I do is raise my voice or take space in a different room”. So are these evaluations valuable when the one who is evaluated knows exactly what the right answer is to the questions they will be asked? |