More on NPD and custody litigation: Dr K’s top 10 list of tips and tools

More on NPD and custody litigation: Dr K’s top 10 list of tips and tools

After more than 30 years as a consultant to family lawyers and their clients (and as a custody evaluator/expert and therapist), I have been involved with hundreds of cases where one of the parents is a narcissist (NPD-usually the dad). What follows is some lessons learned from coaching their former spouses during and after they divorce the NPD, and try to co-parent their kids with them.

1. Former spouses of NPDs are traumatized and need treatment even if they look like they’re fine.

NPDs inflict major but usually invisible and long-lasting wounds on their spouses. The damage to the self-esteem and self-confidence, not to mention the trust, of the spouse is remarkably deep and pervasive. What’s more, many of the spouses are so wounded that don’t realize how wounded they are. They may have lived an outwardly very affluent and seemlingly happy life but behind closed doors at home, their existence was a wasteland of criticism, cruelty, and loneliness which they daren’t not reveal to anyone. By the time of the divorce, they doubt their own perceptions and judgment, as they have been “gaslighted” into near insanity by the controlling  and lying NPD. Despite their physical attractiveness (NPDs never marry average looking women) and expensive and tasteful wardrobes (NPDs would never been seen in public with someone that’s not wearing designer clothes), they are emotionally exhausted and impoverished on the inside. They are are emotionally prepared to litigate against an NPD whose goal is not just to win but to destroy them personally.

2. Former spouses of NPDs are frequently incompently treated by counselors and therapists.

The internal dynamics of former spouses of NPDs is much like traumatized combat veterans. Having lost their trust in their own perceptions of reality, and having been brainwashed by alternating periods of worshipful devotion and unexpected cruelty and denigration, they are anxious, depressed, and distrusting, bordering on paranoid. They are also able to pay for therapy, and difficult to engage in meaningful dialogue; for poorly trained or unethical mental health professionals, these are long-term patients who keep coming but have the same unending complaints and symptoms. Some of these women have been therapy for years without signficant progress or relief, believing their lack of improvement is their fault (another legacy of a close relationship with an NPD).

3. Children of an NPD parent are at significant risk for damage to their emotional, cognitive, and relational development.

The NPDs lack of empathy and overwhelming self-absorbsion means children are treated both as “furniture” and also as “reflections of perfection” of the NPD. NPDs need unending and uninterrupted worship and devotion; hence parenting is extremely unsatisfying and bothersome for them. Rules for children are arbitrary, usually cruel and unreasonable, and change at the drop of a hat.

Because NPDs see the world in black/white/all good/all bad terms, failure by the children to be “perfect” (whatever that might be at a given moment) results in harsh criticism, personal attacks and belittling, public humiliation, and/or rage and physical abuse, usually followed by complete neglect and emotional abandonment. Nearly all of these kids underperform at school, act out in rebellious or defiant ways with authority figures, have poor peer relationships, and are at very high risk for anxiety and depression. The greater the exposure to the NPD parent, the greater the risk and harm for the child. 

Post divorce visitation with an NPD parent is almost always represents a significant increase in the risk of harm to the normal growth and development of the child, since mom has usually buffered the kids from as much of the chaos from the NPD as she could. NPD single parent dads are frequently incompetent and uncaring parents with limited parenting skills and absolutely no real interest in their children. 

4.  Consequently, co-parenting with an NPD is impossible; “parallel parent”.

NPD’s do NOT “play well with others”; never have, never will. What a NPD hears when the court order says “co-parent” is this: “great, I am still in charge. I can do what I want, and I can make her do what I want, just like old times”.  Any attempt by Parenting Facilitators to engage dad in shared parenting, mutual sharing, and communication will be fruitless because NPDs don’t want to parent; they want to punish their ex by harassing the kids and generating control issues and threatening to take the kids from mom in a custody fight,

So moms should make good decisions about the kids knowing that they are going to be criticized  by dad no matter what they do. Communications should be by text and limited to the details of the exchanges, or to respond to the infrequent and unreasonable requests about the kids. Remember this
is not a reasonable, rational, normal dad; don’t expect normal loving dad behavior.

5. Before you litigate a reduction in visitation (or a custody change), get a competent therapist who understands NPD and NPD traumatized spouses.

The US Constitution guarantees “due process” in any court proceeding and that means you are going to have to see your ex in public, and probably more than once, during your hearings, depositions, and trial. In order to be seen as a credible and truthful witness  in face of your former spouse, who is ana an accomplished liar and manipulator, you have to be calm, confident, and not intimidated by “the look”. That means you have to be far enough along in your recovery from NPD trauma to be cool and calm and focused in your testimony. Competent treatment will get you there in a year or so.

If your new therapist is not able to describe NPD in a way you recognize, and talk to you about the effects of that relationship on you (that matches your feelings and symptoms), then find another therapist. It would be best if they experience testifying, have treated other NPD victims, and understand the challenging task of getting judges and lawyers to understand the dangers of NPD to kids.

6. Hire a family lawyer who both understands NPD and is willing to aggressively pursue visitation for dad that is dramatically less than “standard visitation”.

Family lawyers are getting better informed about Narcissistic personality disorder (NPD), but even those who know what the diagnosis is don’t really understand the impact of an NDP parent on children. Before embarking on any change of custody litigation, have a lengthy interview of your lawyer and make sure they can not only explain NPD acccurately, but also articulate the dangers to your children, and explain the hurdles in the legal system to getting dad’s visitation (and therefore the risks of damage to your kids) reduced.

NPD is found in less than 1 or 2 people for every 100 people in the general population in the US. However, NPD is found in most of the high conflict family cases, which are about 1/3 of all divorces.  Your family lawyer must be willing to agressively pursue a non-standard visitation solution that is in the children’s best interest even though it does not fit into the “cookie cutter” mold for most visitation orders. If your lawyer is unwilling or unable to explain how that could work in your jurisdiction, then find another lawyer. NPDs respond to attacks and criticism by “doubling down” and increasing their threats and personal attacks through bigger lies, intimidation, and manipulation so the litigation will be long and costly and the case is unlikely to settle. You both have to be ready and willing to go to trial. If this lawyer is not comfortable in a trial, get a different lawyer.

7. In order to get the judge to order less than standard visitation for your ex to protect your children from an NPD dad, you will need compelling evidence of current and past harm to your kids and the testimony of a highly qualified expert to explain to the judge the current and future damage he’s doing to your children.

That means hiring a clinical or forensic psychologist (or maybe psychiatrist) who is willing to testify that NPDs inflict harm on both children (and spouses), and that no “dose” of exposure to an NPD parent is safe for children. This expert witness must clearly explain that greater exposure to this toxic parent means greater harm to children. Counselors rarely are trained to recognize NPDs; many of them naively assume that the NPDd will change or even can be coached or counseled to be more empathic parents (NPDs can’t and most won’t even try). There is NO known effective treatment for NPD.

8. Expect the fight to go to a trial.

As I explained earlier, NPDs response to criticism or disagreement, much less a public loss of “their time with MY children” does not lead to compromise or problem solving but to nasty, personal, emotional warfare.  You can expect to be intimidated, attacked, and accused of parental alienation. (Nearly half of all proven cases of parental alienation are non-custodial dads; a small fraction are mothers) .

In my experience, NPDs only give up the fight after they have been publicly humiliated in court as a chronic liar and emotionally/physically abusive parent (in a hearing or trial) or they have been “bought off” by getting something that assuages their egos and makes them look good in giving mom what she’s asked for in reduced (or even almost no visitation). Or in unusual cases, they are outgunned and out spent and run out of money, and they they fold.

It is hard for most judges, lawyers, and juries to grasp that a father really has absolutely no real interest in his children as people apart from what they can do for HIM. But a settlement offer of a sort that feeds the ego of the NPD dad (money, recognition, glory, admiration). NPDs can be bought but they are not cheap.

9. Because NPDs are so concerned about their public image, they are very vulnerable to having their family histories exposed. These family secrets can be leverage in negotiating a settlement right before trial.

NPDs create little NPD children, so most NPDs have one or both parents who are NPDs and siblings who have been damaged as a result. The NPD is likely the outwardly best functioning sibling, and the others are likely suffering from a variety of mental disorders including anxiety, depression, and substance abuse.  These family members represent an unacceptable narcissistic injury to their perception of their perfect selves and family, and are usually ignored or disavowed by the NPD. Careful discovery and thorough depositions can lead to useful leverage.

10. Don’t start this process if you can’t finish it. This process will be at least 2 years long and very costly. If you can’t afford the costs or are not emotionally equipped with person stamina and a good support system of friends and professionals who are NPD savvy, learn to live with the chaos and ongoing personal attacks.

On the other hand,  if litigation is not an option for you there is some good news. In my experience, when  left alone, NPDs eventually tire of parenting since there is nothing in it for them. NPD men do rapidly move on to the “next, younger, hotter model” and if they are not reminded of their children, most fade into the distance leaving their children not only emotionally but also physically fatherless.  Under the circumstances, perhaps the best of all the bad alternatives...

Commentary: Two troubling trends in custody litigation and the social cost

In my role as a divorce litigation consultant, I work with both moms and dads as they navigate the often unpredictable and frequently heartbreaking road of custody litigation and post-divorce co-parenting. Since two of three divorces are low conflict, my career has been spent dealing with the small group of high-conflict divorces—some of the one third of divorcing couples that just can’t agree on what’s best for their children during and after divorce. As mediation has become the standard pre-trial procedure in Texas, the number of litigated custody cases going all way to a jury verdict is down to about 1% of all cases—a trend that’s good for every child of divorce (and their parents, too).

Despite that trend in the decline of jury trials in Texas, two other trends have emerged among litigated custody cases that concern me:
1. The apparent rise in the number of cases of alleged “parental alienation” by unhappy non-custodial fathers, and
2. The simultaneous increase in a subtle but pernicious bias against how fathers parent their children, whether they are the primary parent or have various ranges of visitation rights.

First, as I have written elsewhere, the actual numbers of “parental alienation” cases is very low—a tiny fraction of those high conflict divorces I mentioned above. And the best available research looking at more than 1000 of those cases revealed that when mom alleges abuse, 50-70% of those allegationswere proven to be true in the courtroom, and intentionally false allegations made by mothers were exceedingly rare. Interestingly, the largest source of FALSE allegations was made by non-custodial fathers.

The danger to the children (and to the family court system) is that once the allegation of “parental alienation” is made, the burden of proof (real not legal) falls on the accused parent to prove the negative “I am not an alienator!”. Just as in the Salem witch trials, where innocence was established when the “witch” drowned during repeated dunkings, ALL attempts by the alleged “alienator” to establish her innocence are interpreted as further evidence of her guilt! (She didn’t drown, she must be a witch; she denies it, she must be an “alienator”).

This toxic labeling is frequently given unwarranted credence by uninformed or poorly professionalized mental health professionals who jump on the unproven and statistically unlikely band wagon, even though the APA refused to include “parental alienation” as a diagnosis in DSM-V because of a lack of valid and reliable criteria! Based on my experience in more than 1000 contested cases, “alienation” is family dynamic/pattern, not a personality disorder, and should be treated as a symptom of the dysfunctional family system (these parents are divorced or divorcing after all), and NOT attributed to one parent.

BTW based on my review of the research, there is NO evidence supporting the forced removal of the children from the “alienating” parent and moving the children to the home or primary conservatorship of the other parent, and much data on attachment, bonding, and childhood stress to suggest that such a “solution” is harmful to children and unhelpful in resolving the underlying parental conflict.

Back to the numbers for a minute: according to the US Census Bureau, 10 years after divorce, 87% of children reside primarily with their mothers (91% of those as a result of agreed custody decrees at the time of divorce) and fewer than 1 in 25 fathers actually fight for primary custody at the time of divorce. This disturbing trend brings me to my second point...

2. The failure to fully appreciate a father’s role in a healthy family, the difference in how men form and maintain relationships, and a resulting denigration of a father’s contribution to the development of his children by divorcing moms and sometimes, by family courts.

As I have noted elsewhere, there has been a remarkable lack of research into the role of fathers in normal children’s development until the last 30 years or so. Maternal-child bonding-attachment has been investigated for nearly 100 years but there has been little attention given to father-child bonding-attachment. Recent research, especially advances in brain imaging, have opened the door to the importance of the father’s unique contribution to the health development of children—beginning at birth! When fathers are engaged in holding, feeding, changing, talking to, and swinging babies around (as only fathers do), there are positive, identifiable changes in the brain structure and development of these fortunate children, and concurrent identifiable neurotransmitter and hormonal changes in dad as well. Dads and kids develop neurochemical “attunement” over their time together, and this attunement is reflected in positive parent-child relationships later in both their lives.

Regardless of the parents’ marital status, this father-child relationship needs to be fostered and encouraged, for the good of the children (and for society, as I will explain shortly). Children need to be nurtured, certainly, but they also need to be stimulated, challenged, and encouraged to be independent and courageous, and that’s what engaged fathers (in healthy families) do...

On the other hand, too many dads are opting out of being fully engaged dads, beginning at birth. Their own family histories, extreme attitudes about traditional family roles, economic/career pressures to work long hours, narcissistic personality features--whatever the reason--about 1 in 4 dads apparently are NOT bonding to their children through early, frequent engagement with their babies and toddlers, and consequently, both they and their children are missing out on the benefits of the potential attunement to each other.

This failure of dads to be engaged with their babies is a warning sign of marital problems occurring at the time or coming later.  Disagreements about how to raise children are a major cause of divorce in young parents, and these dads who have not been involved in caring for their young children are likely to be clueless when they have a whole weekend of visitation with children they barely know or know how to care for. They are not closely bonded to their children, and their children may not be securely attached to them either.

This attunement failure can lead to challenging visits for both dad and the kids, and if not remedied by giving good information and training to dad, to children resisting visitation with a parent they don't trust. When this happens to a dad with narcissistic features, the resulting insult to the image of a "perfect" dad can lead to accusations that the mom is "poisoning" the children, "otherwise why wouldn't they want to be with a guy as wonderful as I am". It may also contribute to the alarming number of dads who completely bail after divorce (particularly after re-marriage-more about this below).

On the other hand, for dads who have been fully engaged from the children's birth in caretaking and parenting, unresolved marital conflict and parental hostility can lead to "Disneyland dad" allegations by mom. Dad may not have daily contact or caretaking responsibilities and spends his weekend visits doing fun, active, sports or recreational activities with the kids. In healthy families, it's what dads do.

In contrast to women, who make and maintain relationships by talking; men make and maintain relationships by doing things together. Children need two parents who can provide both kinds of relating in order to develop normally. Unfortunately, in the family court, even an engaged dad can find that his relationship style and contribution to his children's development is frequently not appreciated or inappropriately criticized as "not in the best interest of the children."

This failure to appreciate dad's different contribution to parenting can lead to less access and visitation for dad, and a loss of needed father contact for the children. We all need dads to stay engaged with their children, not just for them, but for all of us.

Unfortunately, an alarmingly large percentage of dads (nearly 25%, and I suspect they are NOT bonded to their children) completely disappear within a few years after the divorce from the child's mother, leaving the kids fatherless. The consequences for the children are shocking...


As you can see, fatherless children are at the root of some of our more serious and costly social problems. This is a problem that crosses racial, ethnic, and economic boundaries, and costs all of us more $700 Billion a year in services, facilities, and lost tax dollars.

It seems that are some partial solutions:
1. Continue to encourage the growth of collaborative divorce which early data suggests lessens ongoing family conflict post-divorce.
2. Challenge allegations of "parental alienation" by dads who don't have history of engaging with their children from birth;
3. Recognize and respect the complimentary but different contributions that moms and dads make to the development of healthy children, especially in divorce.
4. Fatherless kids need mentors when they don't have dads; support and participate in mentoring programs for fatherless kids.

It's summer vacation/extended summer visitation time again; sexual abuse allegations revisited

In Texas, many divorced parents have mixed feelings about summer vacation. Most standard custody orders give the parent who doesn't have "primary possession" of the child(ren) 42 days of visitation during the summer. This means that the parent with primary possession gets an extended break from parenting responsibilities and the other parent gets a chance to spend some quality time with the kids when they aren't in school. Theoretically, it's a win-win.

Unfortunately, for a small group of parents, summer vacation means extended visitation for the children in an environment that is not only not stable, but sometimes is actually harmful to the kids. When the former spouse who is not the parent with primary possession, there is usually a good reason, especially if the arrangement was the result of litigation rather than friendly agreement. When the dad has primary possession (still a rare occurrence), and mom is the one with visitation, the risks of extended summer visitation to the kids is greater than normal.

This small group of moms who don't have primary possession of their children usually (not always) have found themselves in this position because they have one or more of these challenges that they haven't been able to overcome: histories and current unstable or abusive relationships, untreated depression, anxiety, or substance abuse, and/or severe personality disorders like borderline personality disorder or antisocial/narcissistic personality disorder. These issues represent a risk because they are nearly always accompanied by very low empathy for the kids and a pathological level of self-absorption and denial that can be dangerous.

The typical pattern for this group of unstable moms is a repetition of a life-long pattern: impulsive commitment to a relationship with a man who is both charming and abusive. If that man also has children from a previous relationship, the potential for a chaotic home environment is multiplied since HE is unlikely to be primary possessory parent, and HIS kids are also likely to be with him for extended periods of time in the summer. Most of these families are middle class at best, meaning that both parents probably work full-time, leaving the kids to supervise themselves for long periods of time. This lack of constant adult supervision during the day is a recipe for major chaos, and dramatically increases the risks for bullying by step-siblings, and even abuse, physical or sexual.

So what is a concerned parent to do?

1. Maintain contact with your kids--a daily phone call to say good night is good for them and for you.
2. When they get home, listen to the stories they tell, but don't interrogate your kids.
3. Watch for changes in their behavior: increased aggressiveness, anxiety, sadness or withdrawal, or regression to more dependent or infantile behavior that can be symptoms of stress.
4. When your kids spontaneously report episodes of abuse, take action.

• Consult a mental health professional to get some objective analysis of your concerns.
• If it sounds like abuse, report it to CPS.
• If there are bruises or other injuries, get them treated; take photos.
• Call a family law specialist and get some advice about what your options are for protecting your kids.

Most kids enjoy having extended summer visitation with the non-custodial parent and everybody benefits from the change in routine. But if you're a parent in the high risk category I described, don't be afraid, but do be alert.

For more information and tips about divorce:

Dr. Karlson's latest book "When ALL Else Fails: Minimizing the Damage Before, During, and After Divorce is available on Amazon and Kindle. Here's the link:
http://tinyurl.com/qzlndut

Divorce Through the Eyes of a Child: Development Begins for 1/2 hour reality TV show

Nearly 1 in 3 children of divorce haven't seen their fathers in the past year. Divorce Through the Eyes of a Child is a pilot for a 1/2 hour reality TV program which will allow these fatherless kids and their moms to tell their stories, using both the words and the drawings of the children, and interviews with their moms.

In order to fund this important project, we have launched a fundraising campaign on Rocket hub. If you have a heart for these kids of divorce with no dads, as I do, then please join us and help us tell their stories. Here's the link:

Updated and Re-Titled: When ALL Else Fails-Minimizing the Damage Before, During, and After Divorce is now available

Happy Monday,

I am pleased to announce that my book "When ALL Else Fails-Minimizing the Damage Before, During, and After Divorce"  is now available on Amazon and Kindle. Here is the link: http://tinyurl.com/qzlndut 

I continue to welcome referrals for trial preparation/consultation cases in family law and commercial litigation and post divorce coaching.

Thanks for your continued support.

Child Custody Evaluations: Solution or Contributing Cause to Ongoing Conflict?

When your only tool is a hammer, every problem looks like a nail.  Abraham Maslow


Family law professionals, especially family court judges, face difficult decisions every day. Among the most challenging are the high conflict custody cases where both parties are angry and intransigent, often trading explosive allegations about the other party's character and parenting flaws. Faced with these kinds of dilemmas, lawyers and judges search for an impartial third party to provide an "objective" perspective to help resolve the dispute and prevent further litigation and damage to the children. Frequently, this means turning to a mental health professional (almost always a psychologist) to conduct a "child custody evaluation" and report back to the court with a recommendation. I know, I have been one of those evaluators as a court appointed expert, and as a divorce litigation consultant, I have, until recently recommended child custody evaluations to my clients. No more.

Some background facts before I explain my rationale for my radical change of position.

• Only 30% of divorces occur in high conflict marriages--70% of all divorces are low conflict.
• Even with those numbers, 98-99% of divorces settle without a trial.
• Parents agree to custody arrangements on their own 90% of the time (Melton,  et al 2007)
• The latest census data finds that 78% of divorced children live primarily with their mother and 12% with their father. (Best available data on base rates for which parent ends up with "primary possession" after a divorce.)

Let's pause here for a minute. This means that, left to their own devices, most couples either agree to let mom have primary possession, or circumstances eventually evolve to mom having primary possession in 4 out of 5 divorces (they also agree to letting dad have primary possession in some cases). Regardless of the rhetoric about "equal rights" for dads, this is the reality, and since 90% of these arrangements are the result of agreements between the parents, it is hard to argue that the courts are driving primary possession by moms. Ok, but what about those high conflict cases that don't settle custody issues by agreement (including mediation)?

• Since low conflict (and even many high conflict) divorces settle without trial, that means the 1-2% of trial cases comes from the 30% of high conflict divorces, making the odds of trial in a high conflict case about 1 in 30 to 1 in 15, or 3-6%. 
• The best available research suggests that a child custody evaluations lack ANY scientific evidence for their validity or reliability  (Emery, Otto, and Donohue, 2005)
• There is NO psychological test that is a valid measure of "best interest of the children" nor to deciding the issue of either custody or possession.
• Nationally, the average cost of a custody evaluation is just under $4000 (in Dallas and surrounding counties in Texas, that number is at least twice that).
• The only long term studies of child custody evaluations (there are only 2) have found that child custody evaluations INCREASE the chances of later re-litigation by 2-3 times over those cases with no child custody evaluation! 

In my career as a divorce litigation consultant, I have had the opportunity to review hundreds of child custody evaluations. These reports range from 10-40 pages long, take anywhere from 15-40 hours of time to prepare, and cost many thousands of dollars. Most of them recommended "joint custody", and many of them recommended 50/50 possession or visitation. On it's face, recommending a joint custody in a high conflict divorce is absurd! The fact that the litigation has proceeded this far is proof that cooperation is unlikely without some intervention to resolve the underlying conflict between the parents. No child custody evaluation is needed to send parents off to counseling or parent facilitation.

There is NO scientific support or basis, based on psychological testing nor any scientific research, for those recommendations (or any other). None. And not one of those reports (including mine) ever mentioned that fact. We all pretend that we're being objective and scientific but in fact, in the absence of any scientific support for the process, the results are purely personal opinion driven by our own values and beliefs (or biases and prejudices) and dressed up in psychological terminology. Well intentioned opinion but mere personal opinion nonetheless.

Lawyers and judges seek child custody evaluations to help break the impasse in high conflict divorces where the parties cannot agree on child custody issues in hopes of avoiding litigation. Who can blame them? And it is true that in some cases, the child custody evaluation report which supports or fails to support the allegations of one parent or the other sometimes leads to a settlement in the short run. That's sort of a good thing. But remember, the goal of a child custody evaluation is to resolve the custody dispute.

The problem is, the underlying problem of ongoing parental conflict is NOT resolved in a child custody evaluation, and the only available scientific evidence suggests that the child custody evaluation made it worse not better since the EVALUATION process itself apparently increased the odds of re-litigating later by two to three times. If child custody litigation is viewed as an illness, and the prescribed treatment (a child custody evaluation) eliminates the symptoms in the short run but triples the odds of the disease returning in a few years, in any other field of medicine, the treatment would be taken off the market as ineffective and unreasonably dangerous!

As a professionally trained and former forensic psychologist and child custody evaluator,  (and co-author of a child custody evaluation system) it pains me to say this, but the available evidence suggests that child custody evaluations are part of the problem NOT part of the solution for high conflict divorces. The risks outweigh the benefits, and until that changes, the procedure needs to be taken off the market. 

I know both lawyers and judges as well as psychologists will disagree, but I challenge anyone to read this article and present a compelling counter argument...http://www.cstaffordlaw.com/Emery.pdf

Your Best Divorce Now! Tips and Tools Before During and After Released today

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Your Best Divorce Now! Tips and Tools Authored by Kevin Karlson JD PhD Whether you are thinking about divorce, in the middle of a divorce, or recovering from a divorce, this book can help you. Written by an expert on both the emotional and the legal challenges before, during, and after divorce, Your Best Divorce Now! offers tips for every phase of the process and tools for making the best of this very stressful time. Dr. Kevin Karlson JD PhD was trained as a psychologist and as a lawyer, and he has been a litigation consultant specializing in divorce and custody cases for more than 25 years, as well as a therapist, divorce recovery facilitator, marriage and family therapist, and child custody expert. Your Best Divorce Now! brings his expertise and experience to bear in a format that addresses the most common issues in short, easy to understand tips, and also provides tools that you can use before, during and after divorce. Before divorce, there are tools for deciding whether divorce is for you, and tips about how to make the decision that's best for you. During the divorce process, Your Best Divorce Now! provides tips and tools for making decisions, dealing with stress, communicating with your children and your ex, as well as understanding the "legalese" that is part of every divorce. You will find tips for dealing with lawyers, depositions, testifying in court, and child custody evaluations. After the divorce is finally over, Your Best Divorce Now! provides more tips and tools for starting life over as a single person or a single parent. Publication Date: May 18 2012 ISBN/EAN13: 1475073542 / 9781475073546 Page Count: 138 Binding Type: US Trade Paper Trim Size: 6" x 9" Language: English Color: Black and White Related Categories: Family & Relationships / Divorce & Separation Clink the link below to go to the page: https://www.createspace.com/3795285

fMRI Research Update: Spousal abuse causes physical changes in the brains of victims

In many high conflict divorce cases, the pattern of conflict that began as a verbal disagreement escalates in a predictable way until one partner is physically assaulting the other. In a previous post, I reviewed the fMRI research that documented the brain changes in the children from merely witnessing domestic violence (DV) in their families. This post is devoted to the spouse/victims of domestic violence and what we know about the effects of DV and treatments for its symptoms.

Few family lawyers would be surprised to learn that many victims of domestic abuse suffer from post-traumatic stress disorder (PTSD), the same malady that afflicts many combat veterans. The experience of talking with one domestic violence victim is usually enough to sensitize most family lawyers to the resulting anxiety and fear-driven symptoms and behaviors that can result from prolonged exposure to the cycle of abuse (most abusive relationships last an average of 7 years before the victim gets out). What we now know is that the damage is not just emotional--domestic abuse, just like combat, causes identifiable and measurable changes in the brain's structure and function that are evident in fMRI scans of victims. That means the damage is physical and the abuse changes both the physical shape of the brain AND affects the way it functions.

Just as the treatment of combat-related PTSD has proven to be challenging and frequently ineffective, the treatment of domestic violence-related PTSD is less than optimal in its effectiveness. A reasonable summary of the available research, using the latest and most effective cognitive behavior therapy (CBT) for trauma for battered women (CTT-BW) suggests that treatment is about 50% effective. It is this documented lack of treatment success in nearly half the victims that led to the fMRI studies to try to identify underlying brain pathology that was interfering with CBT effectiveness.

What the fMRI scans of these traumatized women revealed was identifiable changes in structure and function of three areas of the brain: the amydala, the insula, and the prefrontal cortex. These 3 regions are the same ones identified in the research of the combat PTSD victims and the kids from violent families, and they are dysfunctional in the same ways in all these victims. Brain centers for identifying danger are hyper-activated, and the brain center responsible for self-control and logical thinking (executive functions, as they are called) is not working like it does in normal people. This latest research noted that other brain areas (the anterior cingulate and posterior cingulate) were more active in people who were successfully treated, suggesting that the CBT was successful in activating these brain areas which led to reducing the fear-driven anticipation of something bad happening to them, leading to reductions in anxiety and other PTSD symptoms.

There are clearly family law implications for this growing body of research. Victims of domestic violence have scientifically verifiable physical brain injuries resulting from their abuse. These brain injuries affect how, and how well, the brains of these people function, and how well state of the art treatments will work to return them to normal functioning.  These findings have both child custody and property division implications which should be considered in cases involving document domestic violence.

Victims of domestic violence, both the adults and the children, are more like the victims of car accidents with head injuries than most of us would like to believe. Domestic violence doesn't just make its victims "nervous"; domestic violence causes brain damage to its victims that is very difficult to repair even with the best available treatments. And by the way, there is NO evidence that this kind of damage will "heal itself" when the victims are removed from the violence.

A number of practice tips come to mind as a consequence of these findings:

1. Longer exposure to abuse means greater brain damage for both the adults and the children. There is no "grace period". Getting away from the abuse is the first step, so the abused spouse and children must either leave or be protected by a protective order--now.

2. Effective treatment for the victim is available, may work, and takes a few (3-4) months. Get the victim into a program which offers CBT or CTT-BW as soon as possible while the litigation proceeds. An effectively treated victim is a much more rational and well functioning client (and parent).

3. Emphasize the physical brain damage effects of DV in settlement discussions about property division and visitation.

4. Insist on treatment for the perpetrator before allowing unsupervised visitation to prevent further "brain damage" to the children. (See my earlier post for details.)

Co-Parenting: Using the CAPT system as a check up

“All happy families resemble each other. Each unhappy family is unhappy in its own way. "  Leo Tolstoy in Anna Karenina

As the legal system has moved increasingly to support the policy of "joint custody"  (joint managing conservatorship-JMC- as it's called in Texas), the reality is that physical "custody" or "primary residence" for the children still resides with mom in about 85% of divorce and custody cases. But regardless of where the children live, most (about 60%) of those kids will have regular visits with the non-custodial parent, and the two parents and their fractured family will have to cooperate in some  minimal ways to function as co-parents to their children. 

The research is very clear. Kids who have a working co-parenting arrangement suffer less and function better after the divorce than those children who don't have regular involvement from both of their parents. Regardless of the many challenges in co-parenting with a person whom you have recently divorced, the kids benefit if the co-parenting relationship is free from hostility; if the hostility between the parents continues, the children will suffer, many of them permanently harmed by the toxic environment in which they live. 

In between the extremes of no visitation, and the ideal of genuinely cooperative co-parenting without conflict, lies the vast majority of co-parenting relationships where mostly well meaning people do their best to make the post-divorce life of their children as good as they can. The question for many of them is: How are we doing and how can we tell?

Here's a simple four factor system for parents to use to evaluate their co-parenting   track record, and then use as a guide to making any improvements that may be needed. The four factors are: Communication, Affection, Power, and Task Completion.

Communication

Good communication between co-parents is open, not guarded, and information is neither withheld nor shared with hostile intent. Information about school, grades, activities, friends, health, pets, awards, school discipline, or emotional crises are freely shared in a timely and thoughtful and considerate way. The communication is appropriately "dosed" not to much and not too little.

When this level of open and free flow of information isn't yet possible, then the BIFF system is used: communication is Brief, Informative, Firm, and Friendly.

Affection

In healthy intact families, affection is freely expressed and warmly received. Children hug their parents and parents hug their children, and touch is used as a way to communicate genuine care and concern. In fractured families, children sometimes withhold public displays of affection for one or both parents because they are afraid that any expression of affection for one parent will be interpreted as disloyalty to the other parent. And parents can likewise use their overly exuberant displays of affection at times of exchanges of custody as a weapon aimed at their former spouse (and now co-parent). 

For co-parents the goal is to express affection to your children, and to encourage your children and your co-parent to express their affection without concern that it will be threatening. 

Power

In healthy intact families, power is usually shared by the parents, with decisions made by joint consultation. For some decisions, dad will have more influence and final authority; for others, mom's expertise will make her the more influential parent. In any case, the final authority will rest with the parents: NEVER with the children. In healthy families, children are NEVER in charge.

For most co-parents, the power arrangements have been settled by the terms of the divorce decree. The decree should spell out who has the "right" to make decisions about health care, counseling for the kids if needed, educational issues, and other matters. The decree is intended to be the "go to" if co-parents cannot cooperate. Regardless of who owns the right according to the decree, the more that co-parents cooperate in decision making, the better the children will do in the long run. 

In co-parenting families, effective use of power requires healthy communication (see above). The opportunity for children to manipulate parents, and to gain control to the point where it is bad for the children, is greatly increased when communication between co-parents is poor.

Task Completion

Healthy intact families get things done. Income is produced, bills get paid on time, household chores and maintenance are done regularly and without drama, homework is done early and checked by mom and dad, after school activities are enrolled, paid for, and kids get to practices and games (or rehearsals and performances) regularly and on time without drama. Life is busy, active, and productive.

The challenge for co-parents is much greater because of the physical (and emotional) distance between the parents. Task completion requires much more attention, focus, and discipline for both parents and children in fractured families. However, the bottom line for the children is the same: if the kids are doing their daily chores, getting to school, doing their work, getting to their activities, and getting to bed on a regular schedule, then this part of family life is being successfully accomplished after divorce.

If any of these four areas of family life are not working as well as you would like, then the first thing to do is to start with the first factor: communication. Have a chat with your co-parent at a Starbucks, and express your concern, and have a suggested solution. If the two of you have a history of conflict, then start with email rather than face to face discussions. Remember to use the BIFF system: keep the email Brief, Informative, Firm and Friendly. Stick to one issue at a time, don't do a long laundry list. Solve one issue, and then move on with a track record of success.

Your children will benefit from your efforts by having the advantage of two parents who work together for their welfare, just like kids from healthy intact families. Do it for your kids.

Parental Alienation- How does it start?

A recent series of posts on a family law blog, along with some cutting edge fMRI research that is relevant has prompted me to do a short update on "parental alienation".

What is it?
Richard Gardner, a psychiatrist, coined the term in 1985 based on his observation of the behavior of children in divorces who were hostile toward one parent.
Gardner described PAS as a preoccupation by the child with criticism and deprecation of a parent.^[19] Gardner stated that PAS occurs when, in the context of child custody disputes, one parent deliberately or unconsciously attempts to alienate a child from the other parent. (Wikipedia; emphasis added is mine)
In my experience, both litigants and lawyers focus on the "deliberately" component, leading to a rapid escalation of conflict in the divorce and making dispute resolution and co-parenting more difficult, and lose sight of the damage to the child from the loss of a relationship with one parent.


There is ongoing controversy about whether PAS (which is a syndrome by definition) should be added to the upcoming DSM-V. In my view, PAS is not a mental disorder, won't make it into the DSM-V, and shouldn't.


What causes PAS?
In my view, after more than 30 years of dealing with divorces as a child custody evaluator, therapist, and now litigation consultant specializing in divorce litigation, PAS has multiple causes. In  order for PAS to develop, all these things must be present in the family PRIOR to divorce:


1. Personality disorders and/or bipolar/schizophrenic disorders in mom and dad or both. The personality disorders are usually of the borderline, antisocial, narcissistic, or histrionic varieties and are present long before the divorce. 


2. Black and white thinking by one or both parents (splitting-dividing the world into all good or all bad categories as a perceptual  and thinking style). This can lead to black and white thinking in the children PAST the age when it's developmentally appropriate (early elementary ages generally).


3. Vulnerability to feelings of abandonment in one or both parents.


4. Chronic inability to empathize with their spouse and their child in  one or both parents.


5. A family pattern of withdrawal of one of the parents from the tasks of parenting, and leaving that to the other spouse (usually the husband/father withdraws but sometimes it's the wife/mother). Usually this happens at the time of birth, but sometimes occurs later.


6. A pattern of overt conflict between the parents that begins long before divorce but escalates over time. This conflict includes arguments,  name calling, expressions of contempt, criticism, defensiveness, and "stonewalling" (see John Gottman and his "four horseman of the apocalypse"). The child is a witness to this conflict nearly every time it occurs and is not protected from repeated exposure to marital arguments.


7. As the marriage unravels, one parent (usually but not always, the wife/mother) forms an abnormally strong emotional bond with the child/children as the other spouse withdraws as a defense against feelings of abandonment.


8. The spouse with the now "enmeshed" relationship with the child begins to confide in the child about her dissatisfaction and complaints about the other spouse. This process may or may not be intentionally designed to further distance the father from the children, but definitely is intended to provide the adult with "allies" in the conflict, and to prevent feelings of abandonment in the adult.


9. The distant parent fails to establish, maintain, or re-establish the emotional, positive, parenting bonds with the children, and withdraws further into work or an affair or substance abuse.


In my experience with hundreds of divorce cases, I know of NO case where ALL of the factors listed above were not present when "parental alienation" was an issue. Not one.


As I noted in a recent post, new neuroscience research has revealed that merely being a spectator to an event leads to the same neural (not merely psychological) changes in the brain as being a participant. No intensive brainwashing campaign is required, merely observation. For a child, whose world is defined by their parents and families, watching one parent systematically devalue and denigrate the other "teaches" alienation. When the divorce finally occurs, the process is already completed, and the divorce litigation merely illuminates it.  


When the breakup has included a history of family violence, the odds of parental alienation are further increased, even if the child has NOT been the target of any violence. (see my last post on this blog).


When wounded people find each other and marry (and they always do find each other), and then have children before those wounds are healed and their relationship is repaired, the risk of both divorce, of PAS developing, is very high. As other professionals have noted, the children's relationship with the "alienated" can be repaired, but the process is arduous, and requires emotional and financial resources that the alienated parent doesn't always have. 


PAS is a vexing family problem, not a mental disorder, and requires a family-oriented solution that includes both parents and the child.

Mirror neurons and parental alienation

"Parental alienation" may be simpler to accomplish than you think.

Some recent leading edge research using fMRI (functional Magnetic Resonance Imaging-a scan of the brain at work) to investigate the patterns of brain activation in observers of sporting events yielded confirmation of a long held belief of neuroscientists: watching an emotionally engaging event is indistinguishable, at the brain level, from actually participating in it. Same neurons fire, same brain regions are activated, same physical sensations are registered. Or, to be more concrete, watching your favorite football team on TV activates your brain just as if you were playing the game yourself. An entire class of brain cells, called mirror neurons, has been discovered, and the their apparent function, documented many times, is to "mirror" in the brain what the senses detect in the world. Great for football fans, potentially hazardous for children living with conflict.

It has long been assumed by many family lawyers that when children exhibit behaviors indicating that they are afraid of, or angry toward, a non-custodial parent, and when those lawyers represent a parent who complains that they are the victim of a campaign of sustained "brainwashing" by the custodial parent, it must be true. How else could the little angel have become such a strangely fearful and angry child? Now we know.

Children are way more interested in the interaction of their parents than the most rabid football fan. Their very existence depends on the outcome of the conflict leading up to and through the divorce. It's safe to say that the children's mirror neurons are activated every time they witness anger, bitterness, verbal insults, and especially violence between their parents.  When one parent is suddenly absent for long periods of time (between periods of possession for the non-custodial parent, for example) and the remaining parent continues to behave in the same angry, resentful, bitter, and critical fashion toward the absent parent, the child's mirror neurons are working overtime, reproducing in the little brains the sensations and emotions that they see, hear, and feel in their crumbling, unstable divorce world.

With this crucial understanding of the underlying neural processes at work, it's easier to understand why a conscious, intentional campaign to "alienate" the child from the non-custodial parent is NOT necessary to create a fearful or angry "alienated" child. All that's required is opportunities for the child to observe the parent with possession to repeatedly talk about or act out the alienating scenario. The child's mirror neurons will do the rest.

This little piece of science also explains why experts who interview children as part of custody evaluations rarely find a "smoking gun" pattern of intentional, pre-meditated parental brainwashing. Children nearly always deny that either parent is actively programming them to dislike a parent. As this research demonstrates, it is not necessary for a parent to "program" the child--all they need to do is act out their disdain, rage, and accusations in the presence of the child. Mirror neurons in the child will do the rest.

One important difference between children of divorce and football fans: children don't have a favorite team--no matter who "wins" in this game, the kids lose, because they are rooting for both "teams".  So if those mirror neurons are firing when cheering for one favorite team, imagine how many more are firing when both of your teams are playing each other! It is this over-activation that has led to the standard instruction to divorcing parents to keep their conflict and the communication AWAY from those little eyes and the mirror neurons they are connected to in those little brains. Those little brains are not only overloaded by this lose-lose scenario they are literally a part of, they are permanently altered by the over-stimulation and trauma.

Parental alienation is not just a social problem; it's an insidious disease with permanent consequences for developing brains.

More on psychopaths and divorce:research update

While most people think about criminals when they see the word "psychopath", psychopaths do appear in family law cases more often than you might expect. Research has established that the incidence of psychopathy in the general population is about 1 in 100, but the rate of psychopathy among corporate executives is nearly 4 times that rate, meaning one of every 25 divorces of corporate executives (at least) has a psychopath as one of the parties.

Several characteristics of psychopaths, well documented through hundreds of research studies are relevant and problematic in family law cases, namely:

• Superficial charm--these guys are VERY likable and convincing
• Lack of conscience--they will do virtually anything to get what they want, regardless of court orders or laws; 
• Lack of empathy--they treat spouses and children like objects, not people, and can be unbelievably cruel and unfeeling
• Chronic, persistent lying--they will lie about anything, anytime

Because most people are not suspicious or skeptical, psychopaths find it easy to manipulate people, even lawyers, into believing their lies. The really good psychopaths haven't been caught. 

New research though is providing tools for detecting psychopaths. A recent study, reviewed here: http://www.livescience.com/16585-psychopaths-speech-language.html highlights some detectable differences in the speech patterns of true psychopaths (they are a subset of the DSM IV Antisocial personality disorder diagnostic group) . They are:

• a lack of emotion in their story telling
• speaking in terms of cause-and-effect when describing their actions
• in their conversation, focusing their attention on basic needs, such as food, drink, and money
• and , most telling, a higher than normal use of "uh" and "um" in their conversations.

This last feature, which reflects the high level of cognitive effort required to manufacture a lie, is supported by the leading edge research using fMRI scans to detect deception. That brain-focused research has clearly established that areas of the brain that are responsible for deception are identifiable and correspond to those areas of the brain known to be responsible for the generation of ideas, rather than memory retrieval, are activated in response to attempts at deception. (Some leading edge research now underway by Dr. Kent Keihl and his colleagues at MIND at the U of New Mexico promises to lead to an fMRI diagnostic test for psychopathy in the near future.) The psychopaths' efforts to generate lies is reflected in the high levels of "ums" and "uhs" in their speech, as well as in the way they justify their behavior through the use of "because" or "so that" in their conversation.

The lessons to be learned for family law practitioners and their clients are these:

• Psychopathy is more likely among successful executives than any other group except career criminals
• Psychopaths, regardless of their success, position, or status, will commit crimes and violate orders without hesitation or remorse during their divorces
• Psychopaths are detectable by paying close attention to their speech patterns
• Children of psychopaths are at risk because the psychopath lacks normal empathy that parents have for their children
• Most mental health professionals are untrained in the recognition of psychopathy, and reluctant to identify it if they see it, sometimes out of fear of retaliation by the psychopath
• Spouses of psychopaths need protective orders in place; when (not if) the PO is violated, contempt proceedings need to be initiated immediately, and lead to jail time, if possible; if not, the spouse needs protection.