Divorce Litigation

The most painful type of divorce is the one that involves children, especially a divorce that becomes a battle over the children. It is not always easy for the attorney to become involved in this type of divorce. An attorney practicing in the field of family law can help advice those going through a divorce to help them find the best solution when working out custody of the children. The advice is not always what the client wants to hear, but attorneys do have obligations that are both legal and moral. As a lawyer, advice is not always taken though.

Who Should Win Custody?

Not too long ago, a mother was usually granted rights of custody over the father. Soon the Doctrine of Tender Years put everything into a different prospective and things started to change.

Today a mother with very young children still usually end up with custody of the children, especially if the mother is not working and is able to devote total care of the children. In court rulings today the custody will go to what works best for the child or children in the divorce. In some cases, the father ends up with custody. In amongst the bitter divorce the child’s best interest is no longer the goal that everyone focuses on and then it becomes painful for everyone involved, even for the attorney involved.

An Example Child Custody Case

Every family circumstance is different, but this example will give you a different view on child custody. There was one case where both husband and wife were well known by everyone as being great parents. They both even agreed that the other one was a great parent. The attorney who represented the husband stated that and all he wanted was full custody of the child. He also wanted child support from his wife and he wanted her to only have limited visitation. When the attorney questioned him why he wanted this type of ruling in his favor, he indicated that his main goal was to punish the wife. This is the type of anger that usually occurs when infidelity of a spouse is involved.

Adultery, Infidelity, Divorce and Children: A Recipe for Battle

Infidelity is an issue that usually creates more anger and hostility which results in a different solution to a divorce case. After considering the reason behind the answer the only solution to consider is who would be the best custodial parent to this child or could joint custody be worked out between the two. To reach the answer to this question the following needed to be considered.

The husband in this divorce worked as a sales executive for a large corporation. His salary was great. His position had him traveling four nights each week so he was only home on weekends. The wife was not working. She had not worked in ten years. She stayed at home. The husband was not going to change his lifestyle and she could not find a job. After considering this, the attorney advised the client based on the information above. There would be little chance that he would win full custody of the child and in the end, he would be punishing the child as well as his wife. A custody battle was not in his favor. After hearing this, the client still insisted on full custody no matter what. In the end, the attorney was able to convince the client to allow his wife to have physical custody of the child to keep this case out of the court system. He reluctantly accepted visitation every other weekend. However, this was the best solution for the child involved.

Many parents allow their anger to stand in the way of the best solution. If you cannot reach a compromise then the child is the one who suffers the most. If you are facing this similar situation going through a divorce with children involved do not allow your anger to stand in the way of good judgment. Here is a fact to remember: 98 percent of all divorces happen because of infidelity. The more anger that results in a divorce, the more difficult it is to be fair.

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