We should always remember that in a child custody conflict, the best interest of the child is what matters and not the parents. Next, choosing a good child custody attorney is of paramount importance. Very often, when rushing for a fast divorce, people tend to forget this. Choosing the wrong child custody attorney is most probably the biggest mistake made by people in child custody cases. A bad choice of a child custody lawyer will usually result in getting an unfair child settlement decision to unrealistic and sometimes damaging child custody arrangements.

There are basically two characteristics an attorney should have in order to adequately represent you in a child custody battle.

First, he or she should be accustomed to family law, including divorce, all marital property settlement issues, and especially is up to date on child custody concerns. The lawyer you choose must have in depth knowledge of the issues and legal tactics that surround child custody cases. For example you would never select an attorney specializing in copyright infringement lawsuit to handle a child custody battle.

Second, the attorney should also be willing to commit a considerable amount of time on the case, from the very beginning to the possible trial. A child custody case is never easy so a certain amount of commitment is necessary in order to even stand a chance of being awarded a positive judgment.

When looking for a competent and knowledgeable child custody lawyer, begin your search for an attorney who is a member of the American Academy of Matrimonial Lawyers. This professional establishment typically has the most well respected attorneys as its members.

It may be very advantageous if the lawyer is familiar with the local politics in the court system in which your case will be heard. It would also be an advantage if he or she has knowledge of the prejudices and belief systems of the judge in front of whom you could appear. This is because in the family court system, judges have much more discretion to use their personal ‘judgment’ in determining the outcome of cases. There are not many procedural rules on family court judges. Therefore, it is extremely difficult to appeal cases lost at the trial level in the family court system.

This means it is crucial for your attorney to know your judge, like the back of his or her hand. That means knowing what the judge considers in deciding who will be the “better” parent, to what the judge will accept as permissible evidence, the types of evidence the judge happens to favor so that the attorney knows which kind of evidence will be given the highest priority by a specific judge.

Tags: Divorce

Posted on January 22