Wednesday, October 3, 2012

The Dirty Tricks That Dirty Lawyers Use To Award A Sociopath Child Custody


Okay, so it is no big secret that one particular attorney I know has suffered a major fall from Grace in my eyes. I am referring to the the sociopath's lawyer, not any of mine. Ironically, this man purports himself to be a righteous christian among our small community. He has a solid reputation for being very good at his job, and that much is true.

What is also true is that he frequently represents abusers. With his background being in criminal justice, he is a formidable adversary. I am quite convinced he could persuade a judge of almost any fallacy that a mind could conceive. "My client couldn't have flashed that woman, your honor! His penis is too small to be seen from twenty feet away!"
 
The courtroom theatrics and expert debating tactics would be entertaining if it were not but for the fact that a child's life is at stake.

How does an dirty attorney win when his client is a nut case, he has no evidence, and no valid legal argument?

The technique I watched him use in my case is known as the “Straw Man Argument.” Basically, it is a bogus strategy built around a lie. This lawyer, who I will call Nimrod, set out to win an impossible case with no evidence and a star witness who couldn't tell the truth if his life depended on it.

The Straw Man Argument


"A straw man argument is a logical fallacy based on misrepresentation of an opponent's position.” - Wikipedia

Nimrod doesn't have a valid argument strong enough to win the case. So, he invents an argument for the opponent's side (which is a lie) that he can defeat. It doesn't matter what the argument is, it just needs to be something he can sell to the judge. Nimrod's argument is a fake, a dummy he creates, hence the name “Straw Man.”


Here is how he sells it in court:

1. Present a misrepresentation of the adversaries position to the court. Refute it and then pretend that the opposing parties actual position has been refuted.
 
2.Misstate the facts of the case. Misquote the other party so that actual words are construed as something else.
 
3. Over simplify the adversary's position into one simple theory that can be refuted.


There are other ways that this argument can be used, but these are the three main points. The important thing to point out here is that it is all based on dishonesty. So much for truth and justice for all. Nimrod is good at pretending righteousness, but the truth is that he is as dirty as those he defends.

What truly amazes me is that the judge didn't see it. When the facts of a case don't add up, do you know what you get? Conspiracy and pay off theories that make what may be an honest judge look dirty too. Probably the saddest aspect is that this particular lawyer has been suffering with some serious health issues. If I were in his shoes, I would hate to know that I could be facing my maker with the burden of having to answer for the countless children he has helped hurt. How many millstones will Nimrod carry? Probably a lot.

Matthew 18:6
And everyone who commits an offense against one of these little ones who believe in me, it were profitable for him that a donkey's millstone would be hung around his neck and he be sunk in the depths of the sea.”- Armaic Bible Plain English

7 comments:

  1. Great. I'm sure this is what I'm about to face. XN is suing for custody based on parental alienation because I'm breastfeeding. I'm not even sure you CAN alienate a 4 month old! My lawyer, therapist and our family facilitator have said they're not even sure that will fly. They're surprised the judge allowed it.

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    1. Eurpoa- It will fly. This is how they take children away from good moms. They may not be able to say that an infant is "alienated" but they most certianly will say that you are using breast feeding to block visitation.

      I strongly suggest you talk to your attorney and develop a strategy to prove that you are willing to encourage a relationship. In addition, gather all the info you can about infant attatchment and bonding, the benefits of nursing (not just an infant consuming breastmilk- because they will say you can pump). The LeLeche League has a lot of information on this. Also, review family court (National Association family court judges) recommendations for age specific vistation scedules and importance of developmentally appropriate time away from the primary attachment figure. I wish you the best of luck- try not to let the fear overwhelm you.

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    2. One other thing I want to mention- PAS, when it is actually labeled as this in court, is not real. In order to be valid, it requires that the child be suffering from a legitimate pyschiatric disorder. It is not a mental health diagnosis in the DSM.

      BUT many use the "PAS" theory in court WITHOUT calling it that- because parent's who exhibit alienating behaviors are presummed to be not acting in the best intrests of the child. It is a pandoras box. I believe the best way to overcome it is to just knock them in the head by showing that you do and will continue to allow the father to be involved. If you can get him to settle by agreeing to an age based schedule, you will gain valuable time for your child to develop before forced to endure prolonged seperations from you.

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  2. Oh, that's not an issue. I do quite a lot to facilitate a relationship between them. I just don't facilitate one between US. That's the problem. He tries to control and manipulate me through our son, and I keep contact to a minimum. I have quite a bit of proof that HE is actually guilty of alienating behavior!

    I refuse to let him win.

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    1. Good for you! Stay strong and keep your perspective- sounds like you have your sea legs! Why is it that some men seem to continually underestimate a woman's strength? Honestly, they don't seem to realize that being a survivor makes us stronger.

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  3. Oh, and the judge laughed at him when he filed his claim.

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    1. ah, bet that knocked some wind out of his sails :) Alwyas LOVE to hear when a judge sees through their ridiculous antics!

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