Kole
New
Reged: 02/23/07
Posts: 3
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I filed for a divorce on Feb. 8 with my wife. We have 3 boys ages 12,15,17. The 17 year old has moved into an apartment with me. The other two have stayed with my STBX. Recently my boys have told me some of the things my STBX has been telling them. Some things are very disturbing and I am not sure what to do other than confront her. My biggest concern is with the 15 year old who is clinically depressed. She told him that he is the cause of the divorce. He has taken this very had and started to cut himself again. He had stopped cutting himself about 6 months ago. He has had suicidal thoughts in the past and I am afraid they may resurface. She told the 17 year old that he is cold hearted and that he doesn't love her because he moved in with me. She has also been telling my youngest some things that caused him to change his mind about living with me. Originally he was going to move in with me but now he says that he needs to stay with his Mother to take care of her because she doesn't have anyone to take care of her anymore. Do I need to get a court appointed psychologist to evaluate the family? Any help or advice is appreciated.
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Looking4Me
Bronze
Reged: 02/08/07
Posts: 43
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Sounds to me like hireing a lawyer would be the best thing to do. It's sad when one parent has to bring the other parent down just to satisfy themselves. Kids are so vulnarable to being guilted-out by their parents especially. It's certainly not healthy and it's definately not good for their mental well being as you well know with having to deal with a potentially suicidal son. I would highly recommend some sort of counseling for you and the boys so all of you can somehow cope with what your ex is putting them and you through. I suspect she isnt going to change her ways and she will continue to tell them things that either arent true or that really dont need to be said to them. So in order to deal with that and help them figure things out as far as what she says is the truth and what she's saying out of pure spite or anger ect. a professional might be able to better help them understand better and deal with the situation. Best of luck to you and the boys!
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Kole
New
Reged: 02/23/07
Posts: 3
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Thank you for your reply. I do have an attorney and spoke to him once on this matter. Since then I have found out more of what she is telling the boys. Just wasn't sure that my attorney was the best route to take here. Guess that is a good starting point.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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Kole, I am not an attorney and don’t give legal advice, but I have some experience in these matters, and usually suggest that men file divorce and hire an attorney only as a last resort. This is because the laws in Texas, as in most states, are heavily biased against the man in a divorce.
If your wife doesn’t have an attorney yet you may still be able to directly work it out with her, to your advantage, using some approaches I have become familiar with. Once you put a lawyer “on the clock”, and have them doing everything for you, it is surprising how quickly your retainer can be exhausted.
If you like your lawyer, and want to save some money, he may be willing to tutor you to represent yourself in all expected, “routine” matters and step in, personally, in a divorce only if needed. This is the way I did it and enjoyed receiving an education and saving money in the process. This also has the advantage of placing your wife in the position of having to spend much more on representation than you.
Bear in mind, though, that if he has already filed anything for you and is Counsel of Record then check the Rules of Civil Procedure and the Local Rules of the District Court for your "Pro Se" and "Withdrawal of Counsel" options.
If you would answer the following I may be able to think of other helpful ideas:
1. Did you file fault or no-fault? If no fault, what were the grounds?
2. What are your and your wife’s assets and how are they titled? Were they acquired before, during or after the marriage? Do you have accurate records as to the source and timing of these acquisitions? What about these same questions relative to payments, purchases, debts and liquidations of assets?
3. How long were you married?
4. Are you or your wife in the military? How long were you in?
5. Are you or your wife retired? Disabled? Drawing any kind of social security benefits?
6. Have you or your wife ever been diagnosed with mental disease? Your children?
I don’t mean to be intrusive, but if you could share with me as much as possible about these questions I could tell you all I know, from my experience, about your options. Your lawyer probably could also, but of course you are paying him and I HAVE NO FINANCIAL MOTIVATIONS.
BTW, from what you have said it sounds to me as if you may need to keep your boys away from that woman. With her strange slanders against you, she is at least demonstrating very improper behavior which might indicate a serious imbalance or disturbance .
Disclaimer: Not legal advice
Edited by jbar (02/24/07 04:49 AM)
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Kole
New
Reged: 02/23/07
Posts: 3
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We both have attorneys at this point. We have tried counseling for the last couple of years to no avail. Here are the answers to your questions.
1. I filed a no-fault divorce on the grounds of incompatability and irreconcilable differences.
2.All of our assets are titled together. All of our assets were purchased together. We carry very little debt. Our house is paid off in full. I do have all records of purchases. The only debt we have is a boat for 35K and a suburban for 18K.
3. We were married for just under 18 years.
4. Neither of us were ever in the military.
5.Not retired, disabled or such.
6. My wife and my 15 year old son have both been diagnosed as clinically depressed.
Thanks for any advice and help, its much appreciated. Guess my main question for this thread is how to legally get the boys out of her house. I am assuming that I will need a court order. For that to happen wouldn't a psychological evaluation of her and the boys need to be done? Once again thanks!
Edited by Kole (02/24/07 09:00 AM)
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5042
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Geez, JBar, don't pretend that you have any experience in anything involving children. You're doing more harm than good here.
Please be aware that JBar has a political agenda. He wants to change community property laws in the state of Texas because he believes, after having scared his wife into leaving the country, (threatening to falsely swear out a warrant against her to get her committed to a mental institition and claiming to her that she'd never find a lawyer to represent her against him if she dared to file for divorce)... he's afraid that if he divorced her, he might lose some little bit of his disability payment. He's been not working and receiving full disability for the past 17 years.
They have no children, but because no lawyer will be willing to promise him the sun, moon & stars (actually, no ethical lawyer will ever PROMISE anything at all), he's afraid to file for divorce, so he has a proposal he wants ot make to the Texas legislature to fix the laws so that he believes he would be guranteed to not lose what HE has. He is off his psychiatric meds. He has never mentioned any education in any of the relevent issues of any sort, other than his own personal research (and resulting fear of the community property laws which has spurred him into this bizarre campaign), or any education, whatsoever, which would give him any basis from which to form the opinions he's given. He claims "some experience in these matters", so I thought I'd better let you konw about the source of his experience.
He ahs admitted all this on another website, and when I once got concerned about the advice he'd given to someone else, I asked him about his background to give us some basis of whether to agree or not with what he was claiming.
He & his wife have no kids, and have been living separate for years even before she fled the country.
OK... your question had to do with kids.
You've already got a lawyer, you're already separated, and I assume you're already dealing with the financial issues that are at the forefront of JBar's agenda. Your top priority has to be the well being of those children, particularly since you've got one who was already dealing with serious issues of depression and self-mutilation (not for "fashion" purposes like so many kids do these days, but as a result of depression).
You know that all the kids, the whole family, probably, needs counseling, especially this one with the cutting behaviors.
Your underlying question was whether you should hire a specialized therapist to provide enough information to help your lawyer in any custody issues. That is probably a wise idea. A wiser idea would be to ask your lawyer for referrals. They'll have a good idea of who might be an appropriate court-appointed custody evaluator.
Something needs to be done immediately about their mother's attempt to alienate you. Google (or Ask Jeeves, or whatever) "Parental Alienation Syndrome", and "Malicious Mothering Syndrome" (sometimes also called "divorce related malicious mothering syndrome"). You'll have a better idea of what you're dealing with.
My husband had to deal with this with his ex as she fed all kinds of nastiness ot the kids. Luckily, their therapist says there is no hint of "parental alienation syndrome", which he seems to define as being all based upon whether the CHILDREN feel alienated more than any normal child (in our case also, teens). Yes, these teens are closer to my husband than most, but he was always thier primary parent. She's their sports promoter & stage mother, but he was always the one who fed & clothed them & kept them warm & safe & clean. After work, she'd be lying on the sofa or schlepping them around town for the various activities she scheduled for them, while my husband had to do the "second shift" stuff that most working mothers complain about... the cooking, cleaning, homework, and real parenting duties. So of course, the kids were not alienated from him, but given what they'd had with him before, they were more reserved then they SHOULD have been, which is frustrating for him. And of course, the fact that they aren't alienated had nothing to do with their mother not TRYING to accomplish that. In a full year & a half of influence over them (6 months where she let them have zero contact at all and even kidnapped them for a while), she was not able to alienate them... THANK GOD.
OK, in our research on the issue, we've discovered a few things. First, there is something called a "high conflict" divorce, and this is rare. It will result in repeated returns to court over custody issues & etc. It's recognizeable by many characteristics. One... the high conflict partner is going through lawyers like kleenex... (my husband's ex had 4 lawyers in one year). Second, they don't agree to anything, even reasonable things (my husband's ex turned down real generous offers of settlement, insisting they weren't enough & she needed a court determination of the issues... she ended up with less than half of what my husband had offered her in property settlement). Then, they make false claims of various things... violence, non-support, etc (my husband went through this and is still going through it even though the divorce is over & he's re-married... I think you've seen this part, already, from your stbx). Also, they seem to have 3 different personality disorders... narcissistic, Sociopathic, or borderline. These are diagnoseable with the current version of the American Psychiatric Association's diagnostic & statistical manual, but a non-professional shouldn't try to diagnose and treat it... still, a self-assesment in order to try to UNDERSTAND and PREDICT the seemingly unpredictable behavior, even if there's no way YOU can TREAT it, is a great thing.
We had kind of looked up my husband's ex's behavior in these books & on the internet, and were stunned to see how much she did that was classic narcissist behavior. It was amazing, and then when we got the formal diagnosis, it was not a surprise.
BUT looking it up on the internet, reading a few books about narcissists, narcissistic families (and we've also read the "stop walking on eggshells" book about helpng family members of borderline personality disordered people, and "the sociopath next door",... which helped us understand the differences between my husband's ex and some of the other types who are impossible to live with)... well, it's helped us learn to deal with it.
One of teh best tips we ever got was to NOT let tehse people, who lie like it's second nature and don't even seem to think it's wrong... was to never let them have a SHORT hearing or meeting... becasue in a SHORT span of time, their true colors don't show. It takes a little while of letting them rant & rave before a rational listener realizes there are some holes in thier story, and starts asking questions that they can't or won't answer.
My husband has learned to simply stay quiet during hearings and let her go "off". Sooner or later, if the judge gives the case enough time, she hangs herself. Every hearing, the judges (oh yeah, she's insulted a few so much that they took themselves off the case... so we've not only seen a multiple change of lawyer thing goign on, but also a multiple change of judge thing as well)... will give an indication of what they intend to do. IF she sees it going partly her way, she'll push for more, and the judges see what's up and realize their initial inclination was wrong, and end up asking her for details of why she wants MORE, and they end u pchanging their minds in my husband's direction... OR they'll have an initial inclination in any one area that's not favorable to her, and ask her to defend her position, and rather than letting her lawyer speak (wonderful narcissistic characteristic, she doesn't believe anyone else can be an authority better than her, so she can't shut up in court and overtalks her own lawyer!)... she will speak up, with that nasty tone of voice like no one in the world would dare defy her, and the judge of the moment will decide that's exactly what he or she is going to do!
It's been great, but only after a year & a half worth of heartbreak, because in the first several hearings, my hsuband hadn't tried to figure it out & was relying on his lawyer to do it, and so the short, sweet hearings repeatedly came up with nonsense... the judges deferred rulings on temporary custody arrangements, which allowed the ex to withhold more & more time with the kids until she finally kidnapped them. Even the psychotherapist had no idea how to fix it, becasue she ahd the kids convinced that they'd die if they didn't live with her in the family house.
They were not "officially" alienated from him, but they sure didn't want to LIVE with him, even though they had no idea how his house was other than through his ex's reports to them of how living with him would be awful for them.
So... I guess you can see that my husband (and now I) have been through some very similar things. Being accused of being a deadbeat, being accused of being violent, being accused of all kinds of things. The mother is now telling the boys that they are her "man of the house", and they have way more responsibility for taking care of her than any teen shoudl ever feel for anything, let alone takign care of their mothers.
You need to figure out how to get that self-mutilating teen out of her household and into a normal environment where therapy might not be undone every time he comes home and hears more nonsense about how half of his DNA is evil, and the burden of being the man of the house is placed upon his shoulders. You need to get the other one out of there so that she doesn't put a guilt trip on.
So yes, hire a custody evaluator. Better yet, for the best interests of these boys, and to give them a voice in court, hire a guardian ad litem.
Even if you were together with her, dealing with a child who was clinically depressed, threatening suicide and self-mutilating, would be really heartbreaking and tough, so being apart, battling with her and dealing with it at the same time is awful.
My husband felt guilty about leaving before the kids were adults becasue tehre were things (thank god, not mental illness for them, but other really vital things) about them becoming adults that she really turned into something wrong... but every time he brought up this concern, he & I would talk and he'd remember that being together in that household was not doing any good any more, and teh ONLY hope these kids had of anythign normal going on in their lives was for him to escape from the household where she had organized them into the stage family from hell... and engage in this battle with her to get some reasonable amount of contact with them, so that they'd have a normal place to come to, a safe haven, where they could learn how the world really works once the disney-esque gravy train of sports & stage accolades stops and the real work of learnign to be an adult starts (sorry... our own problem involves their understanding of priorities, budgets, money, and that the rest of the world does NOT live for the sole purpose of sinking the perfect basket or winning Miss Teen whatever... I know your problems with the kids are much deeper and more troubling ... but when you're looking into the future and watching someone really mess with your kids, it doesn't matter whether it's a LITTLE messing or a HUGE messing, it's STILL wrong and it's STILL somethign that brings out the lion in you).
You need to work to protect those kids of yours from the maliciosu stuff she's doing right now. They know that you are not bad or evil, becasue they grew up with you. And if she convinced them otherwise, then she is also convincing them that THEY are half bad or evil, becasue half their DNA comes from you, half their BEING is from YOU. It's simply evil for another person to work to alienate the kids from the other parent this way, but the trick seems to be not to engage in the fight and use the kids as a rope in a tug of war... don't fight this war, or play this game... wahtever analogy you choose... on HER battlefield, with HER game rules. HER rules of engagement are what is the problem.
So figure her out, and figure out how to counteract her nastiness without retailating with nastiness of your own. It's really tough, and maybe a counselor can help with that.
I can tell you, my husband was instructed to spend a little while being a Disney Dad, coming up with an exciting activity for every stupid minute they spent together rather than doing the studying, talking abotu their futures, etc, that he was used to doing and wanted to do. He was told NOT to be a "real" father, but to be a "disney dad", becasue that was what this woman was forcing him to be. It's sad, but it worked. Now the kids like him, realize that he didn't go nuts when he walked out on the family house, and all kinds of good things are happening... not the least of which is that they're craving the REAL dad time with him again, and ASKING for his help with homework and future plans and learning to drive and deciding their class schedule and talking about thier college budgets & etc.
After a year & a half of near total estrangement, it only took a half a year to get back to normal... or really, BETTER than what was considered normal in their family when their parents were together. Sadly, they couldn't have a "real" normal existence when thier parents were together.
You don't have a year & a half to dilly-dally over wehther or not the courts will force the kids to spend time with you or force her to stop talking to them abotu inappropriate issues. Your depressed son might not have that much time for his parents ot work it out and teh court to dither around with not making a decision, so you tak ethe bull by the horns and ask your attorney to get the court to REQUIRE a custody evaluation, REQUIRE intervention on the depressed child, REQUIRE significant time in your house for the child who thinks he needs to be his mother's "man of the house" now, and REQUIRE a GAL, if that's what it will take for those kids to have a voice in the decisions taht are being made about thier lives.
Good luck and keep us up to date on what happens with your family.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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Well, there you are, Kole. Now you've met Gigi! I won't say anything else, as I don't want to tangle with her again.
Based on your answers, I can't think of anything else to suggest. It's true I don't have much experience with custody or support and never claimed to. Since your wife has an attorney now, any suggestions about this or anything else could be counterproductive as your attorney must now conduct all negotiations with her through her attorney and therefore may not want to hear too many ideas from you about it, even if they originally came from a source as unimpeachable as Gigi!
Good luck, and do drop back in from time to time and keep us updated!
Disclaimer: Not legal advice
Edited by jbar (02/25/07 10:16 PM)
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5042
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JBar, we also know you hate lawyers.
But for this poor man and his family, it's important that something happen soon because he's got a son who could be actively suicidal.
Kole: If your lawyer doesn't act fast, then find one who will. If you can't find one who can take this on fast, then see about getting a guardian ad litem or custody evaluator appointed to deal with giving your chidren a voice in these proceedings.
JBar, please, when a potential suicide is at issue, just get out of it. You have experience in mental illness of a different sort, and not parenting, not actually going through with a divorce, and your claim to have "some experience in these matters" is just ridiculous.
You're playing a very dangerous game when you start giving advice to a man to ditch his lawyer, when the people on his side in this divorce might be the ones who can help save his kids.
Push your political agenda with the guys who are all afraid of losing their property, who are terrified of having to pay thier ex wives for having stayed home to raise the kids, for ALL kinds of financial problems, but when a man comes on here to disclose that he has children who are potentially suicidal, consider saving your political agenda for something else.
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jbar
Platinum
Reged: 12/16/06
Posts: 1006
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Well Gigi, anyone can swear out a mental health warrant at the mental health unit of the county health department, to the effect that they have reason to believe that the individiual is presently or about to be a danger to himself or to others, and the county is supposed to pick them up, right away, for a full evaluation. Following this, when the evaluation is complete and they are ready for a hearing, then you need the lawyer. This should normlly be in 1-2 days. The only other time I can think of, when you need a lawyer in an emergency, might be to get out of jail or when someone is doing something damaging to you but it is not a crime (in the process of commiting a civil offense)
I have heard of judges being woken in the night to sign emergency restraining orders to stop property being removed from the storage lot of a business when the apparent thief said it belonged to him. As long as there had ever been any business relationship or contracts between the owner of the business and the other party involved, then any dispute, even if it appears to be theft, is a civil matter until a judge rules otherwise.
Edited by jbar (02/26/07 03:08 AM)
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gigi
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Reged: 11/06/06
Posts: 5042
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What? What are you talking about? Judges deciding that everything is civil? Lawyers being appointed to mental patients? OK... most ofthe emergencies that judges hear are criminal. Mental commitments are usually through teh probate court, though because of the commitment proceedings having teh potential to take away someone's freedom, so they're given free representation, usually by a local defender's office.
Are you suggesting this man try to commit his child? Well, I suppose that can happen if he wants, but not through the adult commitment procedures. That one will go through the juvenile/dependency procedures. Again, you're trying to comment on things that I don't know if you have a clue what you're saying.
And at this point, it doens't even look like it has any relevance to the conversation at hand. Except the civil commitment procedures. We know you threatened to do this to your wife, and I know of more than one situation where a man accused his wife of this to gain an advantage in the divorce... a few days with her kicked out of the house is a real boon. But it's a dirty tactic and I'd never suggest it. Just like I think it's nasty when a woman accuses a man of domestic violence for the same purpose.
I'm just not sure why you think you ahve something to add to this poor guy's situation. I'm sure with his son's problem, he's been through the wringer on figuring out how to handle it, and the emergency of the moment is more about trying to get a decision on waht kinds of professionals would be best to help his kids. Your hatred of lawyers and manipuations of the legal system are not the question, this man's family's problems are real. NOT a tactic.
My advice stands... A therapist recommended by his lawyer with a good reputation with teh court will probably help the judge make a good decision about how to handle the custody case. A read through of the current literature on parental alienation syndrome will help HIM figure out how to present his point of view to the therapist by showing him what items to focus on that the ex is doing (not to mention helping him figure out how not to do the same things, which is tough)... and a read of the literature on the various high conflict personality disorders might help him figure out how to continue with the ongoing issues that are bound to crop up forever, since his stbx seems to be a nutcase who needs special handling.
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