A Child Is Not A Ficus Tree You Give To The Neighbors
Robert Franklin writes at Fathers & Families of one of the most amazingly egregious egregious cases of a father being denied custody or even visitation of his own child. The wife and mother who tried to murder him? She gets to visit the kid regularly:
This may be the single most outrageous case I've come across. I first wrote about Peter Spitz last December here. He's the Colorado man whose wife Teresa got up in the wee hours of one morning in 2004, bundled up their young son and took him to a neighbor's. She then returned to her house, put a pillow over her sleeping husband's head and shot him with a .38. But he wasn't dead, so she shot him two more times. Then she murdered his mother who lived with them.Despite all that, Peter lived. He's permanently blinded and has lost his sense of smell.
Peter is an ex-marine and an all around stand-up guy. So when Teresa was tried for murdering his mother and attempting to murder him, he testified on her behalf. He thought she was insane and said so under oath. She was acquitted of the charges by reason of insanity.
That was less than seven years ago and the doctors in the psychiatric facility to which she was committed have decided that Teresa is no longer insane. By itself, that's a trifle odd because apparently they don't agree on her diagnosis or even if her mental condition rendered her incapable of appreciating the wrongness of her deeds. Read the update here (Westwood.com, 4/4/11).
It's also odd because a few years ago Teresa may have sent a letter to a friend promising to "finish the job" when she was released. The letter can't be found, but a person who once had the letter claims that it said "she wants Peter dead, simple as that."
Given that, Spitz is none too enthusiastic about her release, but released she will shortly be. That will proceed gradually through a series of unsupervised trips away from the psychiatric facility leading eventually to "community placement."
In fact, that's already begun, which brings up the part of the story that's more outrageous than the first part. Teresa, you see, has more contact with their son than Peter does. Yes, the woman who tried to murder his father, did murder his grandmother and considered drowning the child in the bathtub gets to visit with him regularly.
The man who barely escaped death, who managed to call 911 on his own behalf and who stood up in court, in the darkness of his blind world to testify for the woman who tried to take his life, is being denied all access to his son.
Why? Well, it seems that while Peter was convalescing from his wounds, the court appointed a couple to be the child's guardians. As I said in my previous piece, amazing as it may seem, they still have custody of the boy and Peter isn't allowed to see him.







He survived three shots at close range from a .38? Tough guy. He deserves better.
I read both of the posts on this and I'm assuming the courts have decided "his son was only a baby at the time, never really knew him, and he can't see so he's not a fit carer. Best to leave him with the guardians that raised him". In other words they've written him off as a father in the name of "best for the child".
None of which explains why the wife is allowed access.
Ltw at April 14, 2011 1:31 AM
She's a mother Ltw, thats all the courts need. Children need their mommies, daddies not so much.
Sio at April 14, 2011 2:05 AM
I wonder if he has to pay child support now that she is released. I am sure she will file a motion to get full custody and with that child support as well and she will get it to boot. And the mainstream media of this country(cnn et la) continues to ignore all this and harp on sharia
Redrajesh at April 14, 2011 2:57 AM
That poor kid. The court system is very frustrating. The goal is always reunification with the biological parent no matter how shitty, and yes, for some reason, mother is a god like status. One kid I took in went to live with another friend. His mother was brought into the court room in shackles after violating her probation for the 15th time. The court was still trying to figure out a way to get this kid back with his mother. She slashed herself many times in front of the kid threatening to kill herself but the court felt it was in his best interest to be reunited with that psycho. I'm sure you can find many more stories like the one you posted and the one I told you about.
Kristen at April 14, 2011 5:16 AM
yeah, lets give custody to moms so they can drown their kids in the bathtub, drive off a bridge into the river, lock them in the trunk while they go party, and kill them and hide the body so they can live their party girl lifestyle. This crap makes me sick. If I did not have custody of my son I would be worrying about him with his whacko mother. What is up with these women who kill their kids so the father can't have custody?
mike2 at April 14, 2011 5:39 AM
Mike 2, are those cases where the dad fought for custody and lost to the mom? There are many things that can be said about abusive or crazy dads too so why not stick with the issue which is the unfairness in the way the court decides custody issues and the cases where a parent is denied custody based on their gender. Every mom awarded custody is not crazy just as every dad denied custody is not an abuser. Why not fight for more fairness in the system as opposed to using broad generalizations that don't fit many situations. There are times the father is just the better parent and it isn't always because the mom is crazy, abusive, or an addict.
Kristen at April 14, 2011 6:06 AM
Kristen -
Mike 2's response is based on the fact that in most states merely being the mother is sufficient to grant custody, regardless any other aggravating or extenuating factors. In many states, unless the mother is dead or in prison, she gets primary custody.
Shit, there was that broad who shot her husband in the back with a shotgun (while he slept), watched him die, gathered up her two daughters and fled. She served 6 months, and got custody back.
So there is a fundamental bias in the system that exacerbates the problem of the courts trying to resolve these things in the first place.
Of course, hoping for better people is an effort in futility, so I don't see any improvement coming soon.
brian at April 14, 2011 6:54 AM
If all the facts are as shown here, there is no reason the father would be denied visitation rights. One could, I suppose, argue that he might be unable to care for his children as sole custodial parent, but even that would seem a stretch (we don't assume the blind are incapable of being good parents).
It seems like there must be more to this story that is leading to the foster parents' being able to deny the father visitation. Has he even taken them to court? Without a doubt, the father must lack a competent lawyer (or perhaps lacks a lawyer entirely). But I assume we're missing something here that is being used as justification by the foster parents, or the guy must not be fighting back.
Christopher at April 14, 2011 7:44 AM
It seems like there must be more to this story that is leading to the foster parents' being able to deny the father visitation. Has he even taken them to court? Without a doubt, the father must lack a competent lawyer (or perhaps lacks a lawyer entirely). But I assume we're missing something here that is being used as justification by the foster parents, or the guy must not be fighting back.
I'm an attorney and used to work for a court which handled a lot of family law issues, and I've been very surprised at the number of fathers who don't fight cases similar to the ones that Amy points to. In almost every case, even ones where the mother was truly and clearly ill, the father will testify that he believes that the child should have a relationship with his/her mother and that the mother should have significant custody of the child because she's the mother.
I'm not trying to discount the struggles of those fathers who have fought hard, but, based on my experiences, I think that they are very much in the minority. I'm not sure why this is, although I expect that some misplaced chivalry possibly bordering on sexism is at play (the beleif that mothers are supposed to be wired to care for children combined with an over-willingness to excuse the mothers' bad behavior because she is less competent or held to lower standards). It's odd, and a difficult situation for the courts, but it's not uncommon.
Lyssa at April 14, 2011 9:05 AM
I don't know if this is the case here but in many states if you don't file for custodial rights within a certain amount of time after their initial termination it can be used as a sign of neglect or at minimum a lack of concern and used against you in a custody battle. So it could be due to being in recovery from bullet wounds, dealing with the death of his mother, etc. this guy took a little longer than they liked suing for custody and it is now being held against him in a sort of "Why do you care now when you didn't before." type of insane philosophy.
Katebo at April 14, 2011 9:10 AM
And people wonder why men are eschewing the dating pool.
Riley Coyote at April 14, 2011 9:26 AM
I suspect that there's more here than is being presented as well. Even by this very sympathetic account, the father's demonstrated lack of judgement causes me to wonder whether there isn't something more significant that's playing a role in the custody issue.
Also, as a rule of thumb, it's probably not a good idea to send the woman who'd killed your mother, and attempted to murder you, 'off color' emails about underage prostitutes while she's in the mental hospital.
tony at April 14, 2011 10:24 AM
y'know, now that the foster parents are invested in having the kid, I'm sure they'll say anything about the father to make sure he can't see the kid. anything. People can be very strange about this sort of thing, when they believe that their POV about what is right for the kid is the only CORRECT pov. We don't say as much about the actual parents, simply because we believe that they are correct in that pov, it's their kid after all. But when the parents are split for whatever reason, most people will bias towards the mother. If the mother is out, THEN they will bias towards the next female that seems to have a stake. I'd have to go looking, but I remember a case in Chicago when I lived there where the wife killed herself, and they gave the kid to the wife's mother instead of her father, simply because they were divorced.
OTOH, I think Lyssa is possibly correct. The guy stood for his supposedly crazy wife in court... I could see where he might believe that she should have some kind of visitation, I could also see where he might think it was better if the kid lived with the foster parents.
It may well be that he is just waiting for his [ex?] wife to come finish the job. He would have every excuse to end her life... perhaps he doesn't want to live anymore either.
SwissArmyD at April 14, 2011 10:25 AM
Brian, Mike 2's point didn't go over my head. I get that its frustration at the system and some of the more extreme cases. I listed a case I was aware of as well as my belief that it is unfair that mothers have the edge regardless of fitness as a parent. However, broad generalizations that have nothing to do with custody cases don't really accomplish anything. If he wants to vent, then fine, but if he's looking to make a change, then it would be better to stick with facts. One thing I love about Amy's blog is that she is very fact based so while I may disagree with her opinions at times, she usually can make a very factual based argument.
Kristen at April 14, 2011 10:35 AM
Amy Alkon
https://www.advicegoddess.com/archives/2011/04/a-child-is-not.html#comment-2044645">comment from KristenThanks, Kristin, for noticing that. And one of the things that gets me up off the couch at midnight to blog (when I'd really like to just collect the wee dog and make a beeline for the bed) is the discussion and disagreement here.
Amy Alkon
at April 14, 2011 10:40 AM
Amy Alkon
https://www.advicegoddess.com/archives/2011/04/a-child-is-not.html#comment-2044682">comment from Riley CoyoteAnd people wonder why men are eschewing the dating pool.
Well, that's silly. The therapist, Nathaniel Branden, told me that people will usually tell you what they're all about -- if you're willing to listen. Many people would rather go on hope than take a hard, cold look at who they're with, and why.
There are men out there who will beat women and be emotionally abusive. (Obviously, women are also a source of domestic violence -- deadly or near-deadly, too.) This doesn't mean a woman should "eschew the dating pool." I, for one, realized that I needed to find a highly ethical and even admirable man, and I spent eight years mostly alone because I wouldn't settle for less. But, it paid off. I was not involved with anyone the day I saw this big, somewhat disheveled man's man in a shirt with the mange and smart-guy glasses at the Apple Computer store. He's now my boyfriend of eight years, and the best person I know. And that's not just some platitude. As I've seen and as my boyfriend's boss has seen, if something goes wrong or needs fixing in your life (and I'm not talking about the drain, although he did go buy a toilet augur snake my toilet for me -- a true act of love I'm sure is beyond these pussymen)...anyway, when the chips are down, if my boyfriend is there and dealing with it, the situation will come out in the best possible way.
Amy Alkon
at April 14, 2011 10:48 AM
The Westword article mentions that the guardian couple is friends with the mother. I'm sure that's a factor. They've probably justified his shooting in their minds, or have the "Poor Dear, she just wasn't right in the head, she's a really good person," mentality. Since Teresa Lynn killed her mother-in-law, there probably wasn't anyone nearby from Spitz's family that could take the child, or advocate for him- so the baby went to an ally of Lynn's.
It's unlikely that Spitz has the money to fight this. How long was he convalescing? Can you imagine the medical bills he must've had (even with insurance and VA benefits?) Can he work? I doubt that Teresa has anything he can sue her for, and anyway- he'd have to find a lawyer for that, too.
I'm sure there's more to it, but unless there's some type of documented history of abuse on Spitz's part, there's no reason he shouldn't be allowed to see his child.
ahw at April 14, 2011 11:52 AM
Amy said: "people wil usually tell you what they're about...."
Actually, that is one reason why I tend not to have quite as much sympathy for the men in these cases as I think Amy would like us to have. It doesn't excuse the behavior of the mothers, but crazy mothers wouldn't be a problem if men weren't having relationships with them- and most of these cases don't involve a single bad decision, but a continued relationship, often where neither party took good precautions against pregnacy. Like I said, this doesn't excuse the terrible mom, but I can't work up that much sympathy or expectations of good parenting for a man who continuously has sex with an obviously crazy woman. (Exactly the same goes for women who have continued relations with crazy or dangerous men, btw).
Lyssa at April 14, 2011 12:01 PM
Amy Alkon
https://www.advicegoddess.com/archives/2011/04/a-child-is-not.html#comment-2044882">comment from ahwHow, how, how do you justify keeping a father from even having contact with his son? If the father is a child molester, I understand. But, this father was a crime victim -- and the perpetrator of this crime is afforded time with her son and he is not? Words fail.
Amy Alkon
at April 14, 2011 12:01 PM
Lyssa, what happened to your blog? You're dead on BTW. My wife threw her wedding ring in my face about ten times before I finally agreed to leave. When I finally left, I rented a studio apartment and assumed I'd never have my son overnight again.
Much of it is a sort of misplaced chivalry, mothers are the ones who care for the babies and all that. But a lot of it is a deep misunderstanding of father's legal rights brought on in part because these extreme divorce stories are the only ones that make news.
You never hear of the nice, nominally amicable divorces (nobody survives this deep a blow without some animus). But those are only possible when choose well to begin with.
The kids around 7 or 8 now. I wonder what they've told him about all this?
kindofanonymous at April 14, 2011 12:40 PM
It doesn't excuse the behavior of the mothers, but crazy mothers wouldn't be a problem if men weren't having relationships with them
Riiiight, that's it. It's all men's fault. Thank god. I thought we might have to hold a woman accountable for something. God knows that can't happen.
max at April 14, 2011 1:10 PM
Amy Alkon
https://www.advicegoddess.com/archives/2011/04/a-child-is-not.html#comment-2045030">comment from maxIt doesn't excuse the behavior of the mothers, but crazy mothers wouldn't be a problem if men weren't having relationships with them Riiiight, that's it. It's all men's fault. Thank god. I thought we might have to hold a woman accountable for something. God knows that can't happen.
Max, that's not what I was saying. Of course we need to hold perps accountable for what they do -- no matter what sex they are.
But, I write love advice and get letters from countless people -- men and women -- who find somebody sexy and get together with them and just hope all the rest will work out.
You seem to take an irrational approach as well -- because I suggest that people need to be a little more careful and a little less wishful thinking'y about who they get involved with, I must be somebody who advocates letting women off for their crimes. Uh, you need to read here more often.
Dr. Barbara Oakley will be speaking here this weekend at Center for Inquiry. She often talks about identifiable characteristics of sociopaths. People generally do not change. Hoping things will be okay is no basis for any serious involvement with a person. I have to tell you, I can probably predict what my boyfriend will do in a given situation with 95 percent accuracy, because he is a very, very good and kind and strong person with ethical standards. I didn't get together with him by accident. I went on one date with DOZENS and dozens of other guys (over an eight year period) and left it at one date. Why? Because I was actively looking for somebody who was a very good and very ethical person. So, the guy who told me that he got a dress for an awards show for his daughter and then bragged that he returned it to the store after she wore it...one date. Just to name one example. I look at how people talk to the waitress, how they tip, and how they do lots of little things when they think you aren't looking. I look for character -- I don't just hope everything'll work out okay.
The idea that all women are awful or your boohoo bit above about pretending that what I meant was that women shouldn't be held accountable - that's nonthink same as the people who get involved without taking any responsibility for looking at who they're getting together with. Easier to blame after the fact than take responsibility for who you let into your life. Which isn't to say I for one second excuse this murderess or the obscenity that's being perpetrated on her victim.
Amy Alkon
at April 14, 2011 1:21 PM
There are two types of guys...those with a backbone when it comes to women and those without.
Those with backbones get the best prospects...both short term and long term. Those without backbones...well....
This guy is getting the post attempted homicide/blindness custody shaft for the same reason he married and had kids with this crazy woman....no goddamn backbone. No fucking romantic self-esteem. Whatever you want to call it.
Ironically, the lack of backbone not only makes you a prime target for potential abusers, but also fatally cripples your ability to manage the crazy away.
Most girls I know are at least somewhat crazy....the ideal match for them would be a guy who could agressively manage them so as to mitigate their worse impulses and behaviors. This is not a job for a guy whos a doormat.
I swear chivalry is just as bad as misogyny...they both replace the human female in front of you with a caricature, which cripples your ability to deal with them.
Having said that...if ur dating the losers and crazies of the world, then a pure misogynistic outlook is probably a better approximation of reality than a chivalrous outlook.
Peter at April 14, 2011 1:42 PM
Amy Alkon
https://www.advicegoddess.com/archives/2011/04/a-child-is-not.html#comment-2045132">comment from PeterMy boyfriend has a backbone but then he's enormously kind and goodhearted to people he cares about. (If you're truly strong and a real man, you don't have to behave like an aggressive asshole to be powerful.)
I love that there are just lines people cannot cross with my boyfriend, and not just on the big things. A guy (a Hollyweasel type) came up to me at a party and said, sort of exasperated, "So how did you and your boyfriend meet?!"
"At the Apple computer store at the Grove," I said.
"Why wouldn't he tell me?!" he asked.
I just laughed and said I didn't know, but I absolutely knew and thought it was hilarious. Backstory: Gregg, once had to be someplace but gave my friend in a wheelchair (who has a disorder where he can barely speak and is really hard to understand) the respect of having a chat with him at some length. I think he knows that people don't usually take the time or make the effort to talk to this guy like a person -- even though he's highly intelligent, just a bit locked in by his physical maladies.
But, Gregg will not, WILL NOT, suffer assholes. He got that this guy at a party was an asshole and just wouldn't give the information up, and I realized that and love him for that.
Amy Alkon
at April 14, 2011 2:11 PM
Amy is correct about people showing us who they are. In hindsight I realize that I was too emotionally insecure and immature to make a good relationship choice. I belonged to the school that if I loved him enough everything would magically work out. Imagine that I was surprised that my boyfriend who drove 90 mph weaving in and out of traffic because I was five minutes later became a husband who thought nothing of throwing a VCR at me because I forgot to press record. That's the least of it but the truth is had I truly looked I would have seen many of the signs early on. Instead I chose to wear the love blinders which really weren't love blinders as much as romantic illusion desperation blinders.
Kristenw at April 14, 2011 2:12 PM
"It doesn't excuse the behavior of the mothers, but crazy mothers wouldn't be a problem if men weren't having relationships with them-"
No. It's the fault of the male-dominated court system full of white knight patriarchal judges who give women every pass they can because it makes thjem feel like big, rpotective men or something. Thank God for the few female judges there are, who see through this kind of crap. Feminsts have been fighting this fight for decades - not their main fight, they have others, but every time it comes up, it seems like all the women on the right side fo the argument are feminists.
Women in general get a pass in the criminal justice system, and crazy women generally get all kinds of apologists coming out of the woodwork to excuse their behavior, and that's who to blame, not the crazy women. You don't blame a rabid dog for finally biting someone.
Jim at April 14, 2011 2:37 PM
KristenW, great comment! Please allow me to add some things to your points, because the phenomenon you are talking about is a pendulum that swings both ways...
"Amy is correct about people showing us who they are. In hindsight I realize that I was too emotionally insecure and immature to make a good relationship choice."
Same here. I had a pretty screwed-up idea about what a relationship was supposed to be. Some of my ex's red flags were waving in my face well before we married, but at the time I semi-consciously chose to ignore them.
"I belonged to the school that if I loved him enough everything would magically work out. "
Sort of the same thing here. I knew she had some crazy in her, but at the time I thought that she was the best I could do. And I very mistakenly thought I could deal with the crazy.
"Imagine that I was surprised that my boyfriend who drove 90 mph weaving in and out of traffic because I was five minutes later became a husband who thought nothing of throwing a VCR at me because I forgot to press record. "
My ex was a lot more passive-aggressive; instead of throwing stuff at me, she cheated, spent my money, and talked about me behind my back. Same basic idea, though. One thing that I failed to realize at the time was that, the more I tolerated her bad behavior, the less she respected me.
"That's the least of it but the truth is had I truly looked I would have seen many of the signs early on. Instead I chose to wear the love blinders which really weren't love blinders as much as romantic illusion desperation blinders."
"Desperation" is the key word here. I was the same. I thought that she was my one and only chance, and she was expert at playing up to my delusions when she wanted something out of me. Back in the 1980s, there was little material about Cluster B personality disorders available to the layman, and for years after the divorce I still had questions about just what the heck happened. Even though I've long since remarried and we're going on 18 wonderful years now, it's only been fairly recently that I've finally managed to work out what happened and why. (Hanging out here has been one thing that's helped.)
To answer the chicken-or-egg regarding those who are involved with abusive spouses: Yes, they need assistance. But they also need to make a commitment to help themselves. Until they do that, there's not a lot anyone else can do for them.
Cousin Dave at April 14, 2011 3:13 PM
"To answer the chicken-or-egg regarding those who are involved with abusive spouses: Yes, they need assistance. But they also need to make a commitment to help themselves. Until they do that, there's not a lot anyone else can do for them."
Its funny that you say this Cousin Dave, because I just had a similar conversation with a friend. Until I was willing to not only help myself but stop bad patterns I was engaging in, there was no way to help me. I took a good look and saw that many of the people in my life were all the same person just in different forms. And I'm sorry about your ex. Its true though, looking back the red flags are so clear. I hope the 18 years have been good ones and continue to get better.
Kristen at April 14, 2011 5:40 PM
(If you're truly strong and a real man, you don't have to behave like an aggressive asshole to be powerful.)
I made this point to my husband just a few weeks ago. He was a little critical of himself for not being more of a traditional man's man. By that, he meant into cars and sports and hyper-aggressive. He's a nerd. He's in the top five smartest people I know, but he's no pushover.
My brother, on the other hand, is a macho asshole -- smacking his wife and kids around, cheating with anything that will lie still long enough, that sort of thing. In a dispute with my brother last year, he came very close to punching me in the face because I disagreed with something he said. My brother is built like a professional thug. My husband is built like an average-sized guy who spends a lot of time writing code. I'm not exactly an Amazon.
I had an unfortunate freeze reaction when my brother rushed me, and my husband stepped between us, ready to take a punch for me and ready to fight my brother, knowing he was likely going to get his ass handed to him. He was able to talk his way out of an actual fight and get us both out of there unharmed. My brother, on the other hand, was looking to start a fight with two people he could have killed with one hand tied behind his back.
I know which of these guys is actually powerful. I'm glad I married him and not someone like my brother.
MonicaP at April 14, 2011 6:22 PM
"No. It's the fault of the male-dominated court system"
Marry a reasonable person, and be reasonable about the dissolution and you don't have to end up in court in the first place. It also helps if you and your spouse lack the assets to back 5k retainers.
kindofanonymous at April 15, 2011 11:26 AM
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