If you are considering divorce and child custody is going to be an issue, there is no shortage of websites on how to “win” your custody case. But, is “winning” the point?
We often refer to litigated child custody matters as “custody battles,” and oftentimes they are just that. One or both sides engage in dirty tricks, delay, and denial to insure their animus toward the other parent hits home. Children are often emotionally and economically damaged by displays of this kind by parenting.
While some parents may view a custody fight as a war to be won at all costs—it may cost you time with your child if you cannot show that you are reasonably capable of co-parenting with the other party.
In one Maryland case, a mom and a dad agreed they were incapable of communicating with each other, or effectively co-parenting. As a result, and based on the unique facts of the case, the court awarded sole legal and primary physical custody to mom. Why would that be?
In the “best interests” of the child…
The best parenting time plans and custody arrangements are those worked out between parents, taking into account their lives, their goals for their children, and the challenge of divorce.
Through mediation or negotiation, my firm works routinely with parents who may not see eye-to-eye, but who have the best interests of their children in mind and heart. Parenting plans on which parents agree are likely to last, and to provide more flexibility than a court-ordered arrangement.
In some cases, parents simply cannot work together on a parenting or custody solution. Other times, one parent is agreeable, and the other is not. For these families, the court may be asked to make important decisions on parenting time and custody.
Family court judges look at the “best interests” of a child. They do not know your family and have a brief period of time to consider the documents of the case and create an arrangement by which your children will be parented. The best interests of children are not served by a parent, or parents, who appear to be battling for the sake of being litigious. In the alternative, children are well-served by parents who can agree to do their best, create a plan, and devote their time, energy, and money to creating a future for their transitioning family.
If you and your co-parent cannot agree on child custody, or parenting time, take a second, or third, look at options like negotiation, or other alternative dispute-resolution tools. Talk with a trusted divorce attorney. Spare your child the heartache of a custody battle, and at the same time improve your relationship with your child, and get a faster start on the next chapter of your life.
Talk with an experienced divorce and child custody attorney in Baltimore
When you have questions about divorce mediation, litigated divorce, or other family law issues, the Law Offices of Allyson B. Goldscher, LLC provides knowledgeable legal representation and straightforward, trusted legal counsel. Contact us or call 410-602-9522 today.