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Navigating Borderline Personality Disorder in Custody Cases

Why should attorneys avoid taking borderline personality disorder custody cases unless fully prepared?

Attorneys should avoid taking borderline personality disorder (BPD) custody cases unless they are prepared to live a dual life, balancing their personal and professional responsibilities with intense client demands. These cases require 24/7 availability, as clients may need support during evenings, weekends, and holidays when BPD behaviors often intensify. Additionally, attorneys should be ready for a long, expensive litigation process and ensure that their clients have the financial resources to sustain it.

What financial considerations should a client have before pursuing a BPD custody case?

Clients should have a net worth of about $3 to $3.5 million, as these cases can cost approximately $20,000 per month over 18 to 24 months. This significant financial commitment is necessary because these cases often involve prolonged litigation before the court can recognize the true dynamics at play. Clients must be prepared to invest heavily in litigation to protect their interests and those of their children.

How important is it for an attorney to have a personal connection with their client in BPD cases?

Having a personal connection with the client is crucial, as attorneys need to genuinely like and respect their clients to handle the emotional toll of these cases. A strong rapport ensures that attorneys remain committed, even when dealing with late-night calls or crises. Without this connection, the emotional and psychological demands of the case may become overwhelming.

What adjustments should law firms make when handling BPD custody cases?

Law firms need to create unique policies and procedures tailored to BPD cases. This includes retraining staff to manage the complexities of these cases and possibly hiring a psychologist to mediate between the firm, the client, and other involved parties. Firms should adjust their fee structures, increasing hourly rates to compensate for the added challenges and emotional strain these cases present.

How should attorneys prepare for the litigation process in BPD custody cases?

Attorneys must be ready to engage in intensive litigation, as BPD cases require tailor-made pleadings, motion practices, and trial preparations. Boilerplate approaches are ineffective, and attorneys should anticipate an 18 to 24-month process before the court fully understands the situation. It's vital to have multiple strategies ready to counter false allegations and manipulations, ensuring a robust defense for their clients.

What role does a therapist play in supporting a child involved in a BPD custody case?

A child's therapist must actively advocate for the child's well-being, working closely with the non-borderline parent and any court-appointed monitors. The therapist should be part of a broader support team, including counselors, pediatricians, and possibly special needs professionals, to provide comprehensive care. It's crucial that the therapist is willing to engage with the court to ensure the child's interests are protected.

What resources are recommended for clients dealing with BPD custody cases?

Clients should be provided with educational resources such as Randy Krieger's "Walking on Eggshells" workbook and Christine Lawson's "Understanding the Borderline Mother." These materials empower both the client and their children, offering insights that can be more therapeutic than traditional therapy. Attorneys should also immerse themselves in extensive literature on BPD to effectively manage these cases.

What is the broader impact of successfully managing a BPD custody case?

Successfully managing a BPD custody case can break the cycle of trauma that might otherwise affect multiple generations. By properly handling these cases, attorneys can help ensure that children involved are able to lead healthier lives, free from the destructive patterns associated with a borderline parent. Ultimately, this work contributes to greater societal understanding and support for families affected by BPD.

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