Dear Texas Legislator:
This blog addresses the February 19, 2021 letter written by Kristal C. Thomson in her capacity as Chair of the State Bar of Texas, Family Law Section.
Thomson: “It is rare for a family law litigant to reach out to a legislator when they are happy with their result in court.”
A Parent with Custody:
OK Legislators, let me ask you a question… How frustrated do you get when you reach out to your constituents for feedback and all you hear is crickets? Sadly, people are complacent. A few years ago I saw a Facebook site in which constituents were livid that a legislator had voted a certain way. Her response to them was along the lines of, “I literally asked everyone via this Facebook page to give me feedback before I voted. I received three responses.”
Complacency doesn’t equate to happiness. It simply means the vast majority of people live their life thinking someone else will take care of the problem.
Thomson: “Please remember that for every unhappy family law litigant who contacts you, there is a satisfied opposing side…”
A Parent with Custody:
Rephrased…
“Please remember that for every loser there is a winner.”
Leave it to a group of lawyers to miss the point that an adversarial system that creates winners and losers is the exact source of the problem when it comes to matters involving children.
Thomson: “…who may also be your constituent.”
A Parent with Custody:
Did they just threaten you with, “Don’t rock the boat because the winners in our current system of divorce might vote you out of office.”
Thomson: “Additionally, statistics reflect that approximately 90% of family law cases resolve outside of the courthouse.”
A Parent with Custody:
This statistic is irrelevant. The final order in my case was never decided by a judge. If my case which involves attempted murder/suicide and homicidal/hallucinating doesn’t warrant a judge’s involvement then what does?
Thomson: “We urge the Legislature not to make drastic changes to these statutes based on pandemic problems…”
A Parent with Custody:
Seriously?! Lawyers are trying to claim HB 803 is related to the pandemic? …uh, it’s been an issue for years. It’s called Equality.
Thomson: “There is unlikely a one-size-fits-all solutions to this temporary problem.”
A Parent with Custody:
As my case clearly illustrates we currently have a one-size-fits-all situation.
A parent can literally attempt murder/suicide as well as be diagnosed as homicidal with hallucinations, commit income tax fraud, self-inflict injury in the presence of police, file false allegations of child abuse, struggle with alcohol and drug addition…
…and end up on the exact same possession schedule as virtually everyone else:
Expanded Standard.
The irony is this: We are asking the legislature to officially expand the number of “sizes” available to litigants. We are asking the legislature to provide more choices.
Thomson: “…wants to serve as a resource to all legislatures regarding potential family law legislation…”
A Parent with Custody:
Wow. Pretty blatant usurping of the separation of powers, if you ask me.
Thomas Jefferson warned that the judiciary would become a despotic oligarchy by granting themselves the power to have the final say in whether or not your actions (laws passed) as a legislature were Constitutional.
Perhaps not satisfied with having the final say, the judicial branch now wants to insert themselves into the legislative process to dictate what your actions (laws passed) should be in the first place.
The unfortunate fact that many legislatures are also lawyers perhaps lends a bit of credibility to the notion that the legislature may simply be a puppet on the strings of the judiciary.
Thomson: “The 5,800-member Family Law Section is run by a 31-member Council elected by its members, who join voluntarily.”
A Parent with Custody:
Let me rephrase that sentence according to how I hear it…
“We have the numbers behind us to vote you out of office. Do what we tell you to do, or we will replace you with someone who will. Every Divorce Lawyer has a spouse… and staff… who also have spouses… and court reporters… and divorce therapists… etc, etc, etc. And we are all going to vote based on what makes us money: Specifically, conflict involving winners and losers. It’s how we roll.”
Thomson: “Please remember that most parents are working these differences out on an informal basis.”
A Parent with Custody:
It sounds to me like Ms. Thomson is saying it doesn’t matter what the law says because most parents will work it out directly.
If that is the case, why are the lawyers SOOOOOO concerned about the law providing one more option?
Are they implying that if you add Equal Shared Parenting to the law that somehow parents are going to stop working things out directly?
Thomson: “I would be happy to connect you with family lawyers who practice in your district.”
A Parent with Custody:
IMO, one last threat for good measure. “Oh, by the way, do you notice how lawyers actively electioneer for judges in your district? Yep, we can mobilize for you or against you. Make good choices.”
“Today is the history of tomorrow, and we are its makers.”
Juliette Gordon Low
I wrote this blog in about 90 minutes. It may not be as polished as I’d like, but it’s more important to get it published than to spend any time figuring out if there is a better way to say it.
Does Kristal C. Thomson speak for you?
Do you agree with the distortions and misrepresentations of Divorce Lawyers?
Is the “Winners and Losers” system the one you want for your children when they grow up?
If you answered “No” to any of those questions, please write to your Texas Representative AND to the Texas Representatives who sit on the Juvenile Justice & Family Issues Committee.
Go to this link to find your representative: https://wrm.capitol.texas.gov/home
Go to this link to get a list of Representatives on the Juvenile Justice & Family Issues Committee https://house.texas.gov/committees/committee/index.php?committee=C340
You can email your Representatives via above links (once you click on their name) or you can SNAIL MAIL a letter addressed as follows:
Rep. {name}
PO Box 2910
Austin, TX 78768
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