In today’s divorce court, the focus has been taken off the parents
and placed on the children when it comes to
legal decision making and parenting time. Any court will proclaim that they have the best interests of the child
in mind when they hand down their decisions. Having said that…no
one is perfect. That means no judge is perfect and no court of law is
perfect. Mistakes can be made. That’s why it’s very important
that you do all that you can to present your case clearly and effectively
using a child focused strategy that the court will respect.
Many are still under the misconception that the mother holds power over
the father when it comes to
“getting the children” in a divorce. The truth is that walking into court and stating that you are the mother
and should therefore get legal decision making for the children is a mistake.
Others feel that the courts have swung too far in the other direction,
giving fathers the advantage in today’s proceedings. In truth, your
status as mom or dad alone won’t give you an advantage in Family
Court. Laws in place don’t allow it. Don’t rely on your gender
alone as a motivation for the court to rule in your favor.
Individuals interested in developing a child focused strategy for their
divorce case should consider:
- Any recent history of domestic violence.
- Any substance abuse problems requiring close monitoring, particularly if
the individual with the problem is still in denial.
- Existence of emotional abuse towards the children.
- Inability to properly care for the children.
- The possibility of one parent becoming a flight risk.
If you are interested in obtaining sole legal decision making for your
child, you will need to be prepared. The judge will not grant such an
arrangement without reason. The degree to which the judge is willing to
go in either direction will vary depending upon their own knowledge, experience
and understanding of the situation. Make sure to develop an iron clad
child focused strategy with your attorney that will give you the best
chance in court.
If you need assistance in developing a child focused strategy for your
divorce, contact the Arizona divorce attorneys at
Arizona Family Law Attorneys.