Custody Proceedings
- posted: May 15, 2025
The issue of custody presents the most difficult, gut-wrenching, and costly expense in an action for divorce. Whether the issue of custody is being tried as part of a divorce or separate proceeding, the issue of custody and access presents one of the more difficult and technical aspects of marital litigation.
The client must be made fully aware of the fact that the relationship between a parent and a child is a function of that which occurred from the date of birth of the child to the date of the actual trial. It is essential that the attorney secure a full and complete biography of the salient events of the child’s life i.e. medical, educational, and social. The Court will look at the psychological relationship between a parent and a child; and of even greater significance, whether the parent will engage in meaningful and polite co-parenting with the other parent. Absent such co-parenting desires the Court will not look favorably on such an individual.
During the litigation process the Court in all probability will appoint an attorney for the child (AFC). This individual represents the child; will interview both parents; and of course, will establish a relationship with the child by way of interviews. When mental health issues surface the Court may very well direct a forensic evaluation by an expert in that field. A report will be made and submitted to the Court. Both the attorneys and the parties will become aware of its contents. While the Court will look upon it with substantial significance it should be known, however, that such forensic report is not binding upon the Court, as the Court will make the ultimate decision in the absence of a settlement.
At the time of the trial, depending upon the age of the child, the Court may interview the child in his or her chambers with only a Court reporter present. A transcript will be made of that interview and will be made available for Appellate review.
A common issue surfaces in recent litigation as to whether or not the parties should have joint legal custody. This may or may not be appropriate depending upon the relationship between the parents. If the parents are at odds, do not get along, and are unable to make rational decisions, then in that event joint legal custody is clearly inappropriate. As to the issue of physical custody that again is ultimately up to the Court; although the parties may agree upon an appropriate schedule which may or may not result in a joint physical relationship.
In the final analysis the best way to deal with the issue of custody is by way of settlement. It is far more appropriate for the parents to make the afore described decisions as opposed to the Court.
Custody Proceedings
- posted: May 15, 2025
The issue of custody presents the most difficult, gut-wrenching, and costly expense in an action for divorce. Whether the issue of custody is being tried as part of a divorce or separate proceeding, the issue of custody and access presents one of the more difficult and technical aspects of marital litigation.
The client must be made fully aware of the fact that the relationship between a parent and a child is a function of that which occurred from the date of birth of the child to the date of the actual trial. It is essential that the attorney secure a full and complete biography of the salient events of the child’s life i.e. medical, educational, and social. The Court will look at the psychological relationship between a parent and a child; and of even greater significance, whether the parent will engage in meaningful and polite co-parenting with the other parent. Absent such co-parenting desires the Court will not look favorably on such an individual.
During the litigation process the Court in all probability will appoint an attorney for the child (AFC). This individual represents the child; will interview both parents; and of course, will establish a relationship with the child by way of interviews. When mental health issues surface the Court may very well direct a forensic evaluation by an expert in that field. A report will be made and submitted to the Court. Both the attorneys and the parties will become aware of its contents. While the Court will look upon it with substantial significance it should be known, however, that such forensic report is not binding upon the Court, as the Court will make the ultimate decision in the absence of a settlement.
At the time of the trial, depending upon the age of the child, the Court may interview the child in his or her chambers with only a Court reporter present. A transcript will be made of that interview and will be made available for Appellate review.
A common issue surfaces in recent litigation as to whether or not the parties should have joint legal custody. This may or may not be appropriate depending upon the relationship between the parents. If the parents are at odds, do not get along, and are unable to make rational decisions, then in that event joint legal custody is clearly inappropriate. As to the issue of physical custody that again is ultimately up to the Court; although the parties may agree upon an appropriate schedule which may or may not result in a joint physical relationship.
In the final analysis the best way to deal with the issue of custody is by way of settlement. It is far more appropriate for the parents to make the afore described decisions as opposed to the Court.
