Posted by:
MovingOn
(
)
Date: November 14, 2015 07:50AM
I have sole legal and physical custody of my minor-age child--not because I asked for it, but because *my ex* asked for it...and angered the judge.
After a 20-year verbally/emotionally/financially/some physically abusive marriage (during which I was convinced, as he reiterated over and over again, that I was the problem and got what I deserved), he started commuting to a job out-of-state, met someone else, and left me. He didn't want a long court battle, so he gave me custody and a decent settlement (I could have sought more legally, but I was content to move on.) He thought that he would still be able to control me like he did during the marriage...he was surprised that (thanks to an incredible attorney and therapist), I suddenly grew a backbone and didn't tolerate him yelling at me, insulting me, ignoring the parenting plan etc. He immediately went to work on the kids--after all, he couldn't let them think he left me for another woman, but that I was dangerous and mentally ill and had taken all his money in the divorce and was hiding their child support...and wouldn't they like to come live with him and the rich new wife he married? Four months after the divorce he was remarried, and a week after that he filed for some custody, alleging I was mentally ill, dangerous, that my house was filled with animal urine, feces, and fleas, that I was a hoarder, that I "allowed" my oldest daughter to be raped, that I wasn't able to help the kids with school stuff, etc. My oldest turned 18 two months later and moved in with him, AND he brought her to court to testify against me, claiming I abused her so she had to leave...the abuse, upon being pressed by both the judge and my attorney, was that I "yelled" at her to take care of her dog and sometimes left food on the kitchen counter, so she believed her father that I was dangerous and mentally unstable.
Not only did he NOT get the sole custody he wanted...the judge gave ME sole legal and physical custody, and I didn't even ask for it. (I just said there was no change in circumstance for a change in custody and there was parental alienation. My fantastic attorney, after my husband filed, immediately pushed for not one, but two Psyc evals, as she figured my ex would claim the first one was "wrong" and figured if two said the same thing, my ex couldn't win. Both psychologists confirmed parental alienation, said my ex was narcissistic and passive aggressive, and that I was NOT mentally ill.)
It did not help my ex that he brought my oldest daughter to testify against me, even though he thought he would win because he had the "victim" of my "abuse" as a "witness." (He also went through five attorneys, all of whom believed him at first that I was nuts...until they saw the psyc evals and that there was no evidence. So he represented himself. And his only evidence at trial were pictures of him doing things with the kids and telling the judge "You have to believe me." I had 24 witnesses--the psychologists, the pediatrician, teachers, a minister, in-home tutors who were mandated reporters, etc.--and 43 documents including emails and texts he sent, proof that he rarely showed up for visitation, that he moved 3 times in 9 months, that I was a stay-at-home homeschoing mom until the divorce with whom he left his children as he commuted out-of-state, etc.)
Two months after getting the verdict of sole custody to me, my second child, a few months away from turning 18 and who was angry with me for telling her not to speak to me disrespectfully, went with her dad to court claiming I tried to run over her with a car, and all the custody papers were refiled. Not only did that not work with the judge--he immediately threw the case out and took away more visitation with the youngest from the father--but this time her law guardian really worked hard to show her what her dad said was not believable, that she was facing repercussions for her false allegations, and ran interference between her and her dad. My other daughter's law guardian stated my youngest was complaining that her older sisters and her father were trying to get her to say mean things about her mom.
So what does my sordid tale have to do with this topic and TSCC? A few things...
For one, the church is a cult, and is harmful...but just saying the church is harmful, or that children attending a church that teaches one parent is bad is alienating so the other should have sole custody, is not enough. The courts are reluctant to change custody/grant sole custody, or limit visitation, as the courts in all states consistently hold that the best interest of the child is to have a relationship with *both* parents, even majorly flawed parents, and mentally ill parents, etc. Even incarcerated parents get visitation. Parents who are abusers often still get supervised visitation. And, often, judges get very angry with the parent asking to limit custody and visitation, because judges view that as parental interference or one parent trying to push the other parent out. Judges don't like that. The reason my judge stated he gave me sole custody was because he said it was obvious I was the parent who would encourage a relationship with the alienating father. Yup--I didn't get sole custody because my ex is nutty, but because I am the stable one who will see to it that my daughter has a relationship with her nutty dad, whereas nutty dad made it apparent he wants the new wife to be the new mom and wants me completely out of the picture. So, even with glaring evidence that one parent is not the best parent, that parent still gets to be a parent.
A judge is not likely to give sole custody to a parent who is not in the church just based on church doctrine--there has to be provable, concrete, repeated *actions* by the other parent which demonstrate parental interference, AND there has to be a lot of them. Without this, a judge is not going to look favorably on the petitioning parent.
Second, parental alienation, while difficult to prove, does exist. Usually it is the custodial parent (often the mom) doing the alienating, and not the non-custodial father--my case is pretty unusual. At any rate, the children of alienating parents side with the brainwashing alienator, at least when they are younger, regardless of how nutty the alienator's claims are. So, in the case of the cult (whose beliefs are definitely on the nutty side), you are going to have a child angry at the parent who wants to separate him/her from his/her "faith" (indoctrination) and it will push the child closer to the alienator, thus backfiring. Sometimes, when the kids are older, they "get" it, and sometimes get angry with the alienator...but with TSCC, the child is facing two things to overcome--the parental alienation of the parent AND the indoctrination of TSCC. If the child doesn't leave the church, the child is going to continue to reject the other parent...which is completely wrong.
Sadly, I doubt, at least in Utah, you're going to find a judge who believes the church policy is alienating and is sufficient reason for sole custody, or get a law guardian who will advocate for the true well-being/best interest of the child, or that a therapist well-versed in alienation/Mormonism will be allowed to work with the child. I think the only way you'd have a shot is if the alienating/church parent self-represents so that the parent behaves like an alienator in court so the judge can see it. That's how I prevailed--my attorney kept telling me that the burden of proof was on my ex, and our "strategy" was to just shut up and let my ex do his thing in court and show the judge who he really was. It worked. Had my ex had an attorney, that attorney would not have allowed my ex to say a lot of the things my ex said--of course, my ex thought he was helping his own case, not hurting.)
Just because justice *should* prevail, doesn't mean it always does. I ache for all the families who are going to suffer even more under this policy. Children will indeed suffer. I don't think the courts are going to help.