Wednesday, September 30, 2015

Engineered Consent - A Child Custody Case in Alabama

Between Alabama’s child custody laws, The McLendon Standard being particularly devastating in my case, and the fact that there is no real accountability for Judges in Alabama, even family court judges, where I'm told other things are "relaxed" so to speak, as in basic human rights can be dispensed with for no reason. Ex parte hearings are held and outrageous orders result from some of them.  Ex parte conversations between lawyers and judges happen and are overheard. In my case, common human decency was dispensed with. My case was a travesty, as are far too many cases in Alabama’s courts. 

My case felt like a feeding frenzy of hysterics, and I was what was for dinner.

If my experience hadn’t been so devastating, it would have almost been funny. When I think about it and am able to disassociate the events from the excruciating pain they caused, what springs to mind is the something along the lines of the Three Stooges gone rabid join with the dark side of the Keystone Kops and go to court.

My ex-husband very forcefully grabbed full custody of my children, because that was the only way he could get it. I wanted joint custody so my boys would have time with both of their parents, and have good relationships with both of us. My ex was more interested in control and money, so he went to war against me and put our children in the middle of his devastating war. While he was plotting and planning, I was trying to keep the peace and doing things like buying "Healthy Divorce." Silly me.

The custody war that my ex waged damaged my children and me in more ways than I can say, and it took more things from us than I can count.

It took time away from us, years of time that we’ll never get back. It took birthdays. It took graduations. It took holidays. It took regular days. It took every day away from my youngest son and me for a very long time. In my eldest son’s case, it’s still taking away all of our days, and it may keep taking them away forever. We no longer have a relationship. Our once close and happy bond is gone, and it may have been damaged beyond repair for my child.

The war was devastating, and it was a war. One of my friends opined that my ex had read or was reading "The Art of War" as a guide because of the tactics he was using. Another friend told me that he was using terrorist tactics. She was right. They were probably both right.

For me, and I suspect for my children as well, the war took away the vague, un-examined feeling that our society is essentially a safe and fair one. I now know that it is not. If what happened to my children and me can happen in our society, our society is very far from safe or fair.

The divorce began in 2009 when my boys were 12 and 15, and was final in January, 2011. By the winter of 2012, both of my boys had exhibited symptoms of suicidal ideation. My children had never even been depressed before the custody war, which I call The War of the Self-Righteous, among other things, commenced. The War of the Willfully Ignorant fits nicely as well.

 The disgraceful way my divorce was conducted was allowed to be conducted by an Alabama family court. That disgraceful behavior will affect my boys and me for the rest of our lives. The effects of such horribly unfair and abusive treatment do not stop, ever. 

 It is very difficult to argue with my child when he tells me that lying pays. When I tell him that it’s best to be truthful, his response is that I should have “lied and cheated like his father did” because I was honest and “look what that got us.” How does a mother argue with that when that is precisely what her child’s  experience with the court taught him? There is no arguing it, and that is beyond shameful.

My other son, who only interacted with his father’s attorneys, told me that lawyers “say what you pay them to say,” in response to my telling him that I knew at what age he could stay alone overnight because I’d asked my attorney. One of my ex's attorneys, a female, shamelessly displayed among the most shameful behavior I have witnessed in my life. The constant high level of drama with frequent bursts of hysteria on the part of my ex, that attorney and my christian mother and sister who helped him was just amazing. The hysteria was essentially his whole case. All he did was take grains of truth, spin them up beyond recognition, get a few hysterical people willing to go along around it and you have a winning case. 

 It is shameful that those attitudes and beliefs are what my children learned from their experience in Alabama’s family courts, but that is precisely what they learned there. Those attitudes and beliefs, and to be very afraid of the legal system, are really all my children learned from Alabama’s family courts. I wish I had known that. I very foolishly kept expecting the next evidence of what my ex was doing to matter. Silly me.