Family Conflicts and the High Conflict Spouse
Divorce Courts are full of conflict laden participants and they are called “High Conflict People” (HCP’s). Are you glad you are not married to one of these people or are you? HCP’s seem very caring and sincere and it may take months or years before a legal professional can identify this personality disorder. HCPs may cause enormous emotional pain and excessive financial costs to their spouse and children before this disorder is brought to light.
Bill Eddy, legal specialist of the High Conflict Institute, has given a list of:
The High Conflict Personality Pattern of HCP Personalities
- Rigid and uncompromising, repeating failed strategies
- Unable to heal or accept a loss
- Negative emotions dominate their thinking
- Won’t reflect on their own behavior
- Can’t empathize with others
- Preoccupied with blaming others
- Won’t accept any responsibility for problems or solutions
HCP’s stay unproductively connected to people through conflict and will continue to create conflict to maintain any sort of relationship, good or bad. Since HCP’s undermine all relationships, they constantly repeat their same patterns and usually end up divorcing repeated times. 20-30% of all couples getting divorces have at least one HCP spouse.
According to the High Conflict Institute, HCPS are driven by four primary fees:
- Fear of being ignored
- Fear of being belittled or publicity exposure
- Fear of being abandoned
- Fear of being dominated, includes fear of losing control over you, the other spouse, their money/assets, or themselves
What can the spouse of an HCP do to help bring the family conflict or divorce to completion?
- Tell your attorney what your bottom line is and stay with your decision.
- Maximize any leverage you have and stay on the course.
- Choose your battles carefully.
- Everything must be in writing.
- Work on keeping total & consistent emotional detachment from the HCP.
Just remember the HCP feels that since you are no longer together, and since you know too much about him/her, you must be discredited so that no one will think that they are the problem!
You will need to learn some practical skills on communication and response to your HCP and also when & how to let your attorney deal with this situation, how to enforce your guidelines, and hopefully, your thoughtful and reserved conduct will result in the best possible outcome.
Recourse to Interference with Child Custody
In the State of Texas, interference with child custody is punishable both civilly and criminally.
According to the Texas Family Code, a person who takes, retains, or conceals the whereabouts of a child at a time when another person is entitled to possession or access of the child may be liable for civil damages to that person.
The damages that may be recovered are expenses incurred while locating the child, securing the possession of the child, and enforcing the order, including attorneys fees. One may also be entitled to mental suffering and anguish incurred due to the interference and violation of the order. One may also be entitled to exemplary (punitive) damages if the violating party acts with malice, or an intent to harm the other party.
A violator can also be held criminally liable for interfering with child custody. According to the Texas Penal Code, a person commits an offense if they take or retain a child younger than 18 years of age, and:
- The person knows their taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody; or
- when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child; or
- outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child. Such an offense is a state jail felony which, if prosecuted, can lead to fines of up to $10,000.00 and anywhere from 180 days to two years in state jail.
Nacol Law Firm P.C. – Fathers Rights Attorneys – Dallas TX
Disclaimer: The information provided in this article is in no way intended to constitute legal advice. The information provided is merely an overview of the relevant law. Do not act on this information. Always consult an attorney for legal advice.
Children That Suffer from Covert Narcissism
Living with a covert narcissist can present unique and challenging issues, especially when children are involved. Unfortunately, Covert narcissism is a primary mover in all litigious custody and divorce cases in Texas. A Covert narcissist, unlike their more overt counterparts, tend to display narcissism through subtler means. They may appear sensitive or withdrawn and use passive-aggressive behaviors to manipulate and control their husband and children. Here are some issues that often arise in the family dynamic prior to a Divorce or Modification being filed:
1. Emotional Neglect and Invalidation
Children may experience emotional neglect or invalidation of their feelings and needs. Covert narcissists can be so focused on their own internal struggles and need for admiration that they overlook or dismiss their children’s emotional needs. This is a primary reason for continuous or vexatious litigation. A Covert Narcissist does not care how Divorce or Custody litigation emotionally drains their children, the Narcissist only cares about their validation and admiration regardless of the emotional toll it takes from the family.
2. Manipulative Behavior
Covert narcissists may manipulate situations and people to maintain their sense of superiority and control. Children, in particular, may be manipulated through guilt, obligations, or subtle threats, affecting their ability to form healthy relationships. These tactics are common in litigation, furthermore a Covert narcissist will not restrain from playing a child in the middle of any litigation via conference with the Judge, relaying derogatoriness messages to the other parent, being forced or coached to say negative things to the play therapist or custody evaluator during litigation.
3. Emotional Volatility
Despite their more reserved facade, covert narcissists can have significant emotional volatility. Children living in such environments may experience anxiety and fear, never quite sure of the parent’s mood or reaction to situations. This also includes love bombing and gaslighting to obtain testimony from children that may otherwise not want to be involved.
4. Role Reversal
Children may find themselves in situations of role reversal, where they feel responsible for the emotional well-being of the narcissistic parent. This inappropriate burden can hinder their emotional development and lead to codependent tendencies. This tendency is seen and also considered a form of parental alienation. The narcissist acts the victim and requests the children to protect them against the other parent for validation. Not only is this sick but the long-term effects of this poisons the children’s relationships and future marriages.
5. Isolation
Covert narcissists may isolate themselves and their family members from wider social circles, either by directly discouraging social interactions or by making those around them feel that no one else will understand or accept them. This can limit children’s social skills and external support networks. The narcissist does not like to be held accountable nor have third parties that question their tactics to obtain validation, thus many family members or close friends that do not conform to the narcissist behavior will be shut out directly or indirectly.
6. Difficulty in Recognizing Abuse
The subtlety of covert narcissism can make it difficult for children (and even adults) to recognize the abuse. Emotional or psychological abuse can be insidious, leaving children confused about their feelings and the legitimacy of their experiences. It is common for this type of covert abuse to continue for years until the relationship is untenable. When one individual finally stops such abuse, a de-programing must happen because the abuse has become normalized into an individual’s life. For children this is detrimental because their minds have been trained that this abuse is normal.
Addressing the Issues
Recognizing the presence of a covert narcissist in the family is the first step towards addressing these issues. Seeking professional help is crucial but usually met with failure. A true covert narcissist does not want therapy.
Therapy is needed, however, and usually only accomplished with a Court Order, i.e. appointment of a reunification counselor or a psychological evaluation.
In cases involving custody or divorce, documenting instances of narcissistic behavior and its impact on the children can be important. Legal and psychological professionals with experience in high-conflict family dynamics can offer guidance and support.
Litigation involving covert narcissism are usually the costliest. A true covert narcissist cares not about money, credit card debt, or burning the marital estate or retirement to the ground, they only care about validation and admiration. The Judge, Jury, or close friends and family need to see how they are in the right and the other has destroyed their life. A true narcissist will burn the marital estate and family relationships to the ground if not handled properly.
Julian Nacol
Fathers Rights Attorney
Dallas, TX Fathers Rights Law Firm
(972) 690-3333
Modification of Child Custody or Visitation Rights for Texas Fathers
Texas family law states that a court may modify a child custody order if the change is in the best interest of the child and one of the following applies:
1. The circumstances of the child or parent have materially or substantially changed since the date of the original child custody order or order to be modified.
2. The child is at least 12 years of age and will tell the court in private chambers with the judge that he/she would like a change.
3. The custodial parent has voluntarily given the child’s care and custody to another person for at least 6 months.
Material or Substantial Change
What could be acceptable as a change for the Texas family courts? Some examples could be a parent’s remarriage, a medical condition the affects a parent’s ability take care of the child, a parent’s criminal acts or convictions, a parent’s change in residence that makes visitation a hardship for the other parent, family violence, drug or alcohol related issues, absence of supervision, and other material changes concerning adequate care and supervision of the child.
Child Wants Change
The child must be at least 12years of age and maybe interviewed in the judge’s chambers. The court will consider the child’s desire but only make a change if it is in the child’s best interest.
Custody Relinquishment
This happens when the custodial parent has voluntarily given up custody of the child to another person for at least six months. This does not apply to a period of military deployment or duty.
After finding one of the three prerequisites, the court must still consider whether the change will be in the child’s best interest. The court will consider factors affecting the child’s physical, emotional, mental, education, social, moral or disciplinary welfare and development. The factors considered for this evaluation are:
1. Child’s emotional and physical needs.
2. Parenting ability of the conservators or potential conservators
3. Plans and outside resources available to persons seeking the modification
4. Value to the child of having a relationship with both parents
5. Visitation schedule that requires excessive traveling or prevents the child from engaging in school or social activities
6. Stability of the person’s home seeking the modification
7. The child’s desires
8. Child’s need for stability and need to limit additional litigation in child custody cases.
Modification within one year of prior court order
A parent who files a motion to modify a child custody order within one year after a prior order was entered must also submit an affidavit to the court. The affidavit must contain, along with supporting facts, at least one of the following allegations:
1. The child’s present environment may be endanger the child’s physical health or significantly impair the child’s emotional development.
2. The person who has the exclusive right to designate the child’s primacy residence is the person seeking or consenting to the modification and the modification is in the child’s best interest.
3. The person who has the exclusive right to designate the child’s primary residence has voluntarily relinquished the primacy care and possession of the child for at least six months and the modification is in the child’s best interest.
Divorce And Your Business: Who Gets What
In today’s unpredictable economy there has been a continuing growth of small businesses and a substantial decrease of existing established businesses in Texas. In the regrettable instance of “Divorce” how may the “Family Business” be divided between a dissolving couple to reach a fair and reasonable result for both parties?
In such a situation, an experienced Family Law Attorney with the aid of economic experts becomes critical in establishing a fair and equitable price on the business, consulting the client on their rights relative to the business, helping with negotiations for a business entity to be sold, transferred, or appraised, and making sure the client’s rights are protected in the transaction.
The most important fact to establish is a credible determination of the true fair market value of a business and how the business or the business assets are to be divided between the spouses in the divorce.
The dividable interest is determined by the fair market value of the business. This value is the price a willing buyer would pay and a willing seller would give in a purchase with both buyer and seller having reasonable knowledge of the relevant facts of the business and neither being under pressure to buy or sell the business.
During a Divorce, the concept of a credible hypothetical buyer and seller may be determative and very complicated. Going through a divorce is difficult enough, but fairly determining the true value of the business in the process can be complicated and sometimes expensive. There are always two different ideas in every divorce and the family business will bring out the some very serious opinions of just what is the “fair market value”! Ideas may range from too high in today’s economy to too low base on emotional attachments, complicated further by feelings as to possible other family members who own or claim parts of the business. The value placed on proposed purchases that are not part of an arm’s length transaction may not be relevant to the correct fair market value.
To help determine the fair market value and complete the transaction fairly for both parties the family law attorney must be able to obtain and review all business and financial records, financial statements and tax returns, and any other pertinent information for the preceding 5-7 years. Often an independent business appraiser or CPA will be retained to help in determining a credible and correct valuation of the business that a Judge or Jury will respect.
NACOL LAW FIRM P.C.
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Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization