Custody Disputes
Posted on Feb 9, 2022 10:22am PST
Many potential clients that are going through a contested divorce express
strong interest in shared parenting time with the other parent, where
each parent has physical custody of their child(ren) for approximately
fifty percent of the time. While many people do enter into settlement
agreements that provide for these types of arrangements, a Court is not
likely to enter a final decree affirming this kind of arrangement absent
“exceptional circumstances”. While the Courts have identified
certain circumstances as exceptional, they have also stated that brief
and alternating shared custody arrangements will rarely be in the best
interest of the child. In other words, a Court is going to pick a winner
and a loser.
However, I tell my clients it is usually preferable to settle their dispute
before a judge decides such important issues as custody and visitation.
Any settlement will usually require the other party to feel a sense of
risk in a trial. In instances where custody is at issue, this means that
the other party feels there is a risk they might not be awarded primary
custody of their child. Additionally, settlement is usually preferrable
because clients get to craft their own custody and visitation arrangements
rather than placing their fate in the hands of a stranger wearing a black robe.
So how can a parent that is contemplating divorce prepare for a custody
dispute with their partner?
- Help with the daily needs of a child. For younger children, this means
feeding them, bathing them and putting them to bed. For older children
it means making sure they keep up with their homework and extracurricular
activities;
- Go to doctor’s appointments. When new clients come into my office,
I always ask for the records from their child’s pediatrician. These
records usually note which parent took the child for the doctor’s visit;
- Be cordial. You should assume any communications you have with the other
parent is going to be read by a judge. Parents who look like they are
unreasonable and unwilling to let the other parent have a loving relationship
with their children post separation are frowned upon by the Court.
While these simple guidelines are a good start to preparing for custody
litigation, they are by no means a comprehensive list of actions you can
take to protect your relationship with your child during a divorce. For
more information, please call Robert Jackman and set up a consultation today.