Thursday, November 30, 2006

Divorce, custody, and Family court...A National Epidemic

I was first introduced to the family court a few years ago when a family member was in his third go-around with the Family Court system. Every time his ex-wife and her attorney thought there was another chance to extract more money out of him, he would be called back into court. He is the father of three little girls and would do just about anything keep them, and it seems that his love for his children are exactly what the family court system and attorneys were preying on. I witnessed first hand how the family court system contains some kind of intentional design and implementation to be purposely confusing and frustrating, and how it leaves you at the mercy of an attorney and a biased system that will do everything in their power to extract as much money out of you as possible. I have met plenty of honest, hard working men who have every right to enjoy custody, or joint custody of their children and have spent over $300,000 fighting for that right. There are many others I’ve met who have lost in family court due to the simple fact that they did not have enough money to fight for their god given right to be a parent and father to their children.

It’s kind of funny how in the sate of California a divorce attorney is more expensive than a criminal attorney. Maybe that is because the divorce rate in California is reported to be as high as 75%, compared to the national average of 50%. It behooves the family court system to operate like an automotive car company. They now design engines that you cannot work on by yourself, and manufacture special tools that you must have before you can replace parts on your car and you can only buy these parts at the manufacturer’s dealerships. It is the life-support system of the entire capitalist animal. The sad part about the family court system is that children and society are suffering at the hands of this mental manipulation. Children are being used as bargaining chips in the battle created by family law and divorce attorneys.

When children are involved in a divorce, attorneys will often advise their clients to charge the other party with a slue of accusation’s like sexual abuse or physical violence. Lawyers are telling their clients to lie to get an ex parte order against the other party. This is often then used at trial to gain custody, property, attorney's fees, and child support. Judges often know lawyers use this tactic, but allow it to continue. The rules of professional conduct prohibit lawyers from doing these things but in reality these rules are not enforced. Family court judges turn a blind eye to lawyer misconduct and allow lawyers who have the moral flexibility to continue to practice law in family courts. The courts need to pay attention to these accusations but, also need to punish parties found guilty of lying to the court in order to take advantage of the protective system. Often, like in the state of Missouri, ethical standards stated in the rules of professional conduct are ignored. Trial judges will refer ethical complaints to the Chief Disciplinary Counsel. The Disciplinary Counsel then refuses to consider any complaints while the case is open and refers the matter back to the trial judge, and no one hears about the compliant.

The system and the process as a whole does not hurts! Child custody battles fuel domestic violence. You have a family unit that one day is law abiding and functioning in society, and the next day is held hostage by the family court system and attorneys. Going through the family court process can take years, especially with no laws governing the attorneys’ behavior. A divorce attorney can take a retainer that is sometimes as much as $15,000 and then deceide to drop the client. They might also not do anything to prepare for the case or, with less than a week before trial, drop the case, leaving the client stranded while still keeping the retainer. If that isn’t enough, in some states you cannot even speak to the family court judge. This is the judge who is making a decision that will effect you and your children for the rest of your life. How is this fair?

Many times a lawyer will ask the court that one party pay the legal fees of the other party. Usually the working party pays for the non-working party... meaning mostly men. In this situation, the working spouse has to pay both lawyers fees, basically supplying the money to pay for his own destruction. With "someone else" paying the bill, there are no controls on spending except what is imposed by the court. And the courts aren't imposing spending limits. How is this fair?

It is no surprise that the scales of justice are titled in favor of the mother. They are that way partly for safety and in some ways for good reason but, this is greatly abused. The Family courts must always put the needs of families ahead of the profits of divorce attorneys and the need to feed the family court cash cow.

By: Dedicated Fathers

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1 comment:

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