CHILD  CUSTODY

When it comes to determining child custody, courts need evidence, witnesses, documentation, and much else to aid them in making the right decision. But they have neither obligation nor desire to conduct an exhaustive investigation into the facts of the dispute. The court expects each side to actively prove its own case. The court often appoints an attorney for the children (guardian ad litem) who represents the interests of the children only, not either parent, although parents are required to split the cost of this newcomer. The guardian ad litem is very limited in power to investigate the claims of either parent. Likewise, social services agencies are always reluctant to involve their staffs in domestic disputes. Therefore, the obligation to prove claims lies solely with each parent.


A hotly-contested custody dispute can get ugly as each side declares that the other is not fit to care for children. This may include accusations of physical violence, mental abuse, alcohol or drug abuse, sexual deviance, mental illness, etc. One side may claim a substantial financial advantage over the other which would better provide for the children. Such a struggle can seem desperate.


But the outcome of a disputed child custody case is rarely difficult to predict. The parent who has obtained the necessary evidence and witnesses to prove the other's indiscretions will prevail. But this effort requires more than a passionate love for your children; it is necessary to have documented and objective proof that not only are you fit, but that the other parent is unfit. The experience and expertise of RSA will substantiate for you what would otherwise only be allegations. Both parents will be making claims and accusations against the each other, but as in any battle, the side which has made all the necessary preparations and then follows an intelligent and systematic plan will emerge as the victor.


The current trend in court rulings concerning child custody is shared parenting, in which both parents are granted custodial rights to their children. Some experts believe shared parenting is a good thing. However, many others find it highly impractical to expect that two divorced parents--whose failed marriage is itself a product of their inability to get along with each other--could possibly agree on the rearing their children. The courts and attorneys advocate shared parenting based on the theory that it represents for all parties involved a win-win situation in which there are no losers. While this arrangement certainly does lessen the load of the courts and make both attorneys look like winners, you as a parent are stuck with results which are not always in the best interest of your children.


The alternative to shared parent is for one of the parents to motion the court for full custody in which they would be declared the exclusive custodial parent, leaving the other parent with only standard visitation access to the children. In order to issue this type of judgment, the court must be convinced that any other sort of arrangement would be disadvantageous for the children. Obtaining and presenting this essential evidence is the role of our firm.

In cases where the identity of the father is not clear, paternity must first be proven. Usually the mother will file a paternity action in which it is declared that a certain male is the father of her child. Often a court order is obtained which directs the father to submit to a blood test. If these results indicate a high degree of probability he is indeed the father, then the court declares his paternity and proceeds to establish all of the responsibilities that go with it. The father may challenge the blood test (which does not provide certain identification), and by his own effort and cost obtain a more rigorous test through DNA.

In most cases, the court really is basing its decisions on what is best for the children (although it must have all the relevant information in order to do so). However, the reality is that sometimes unexpected or unrealized influences can act less than ethically and yield consequences that are unfair and not in the best interest of the child. Some important considerations to be prepared to spot and act against are the entry of local politics and assertion of influence, arrogant out-of-control judges, and inept attorneys. The decades of experience of RSA is invaluable when it comes time to guard or defend against such considerations.

A battle for the custody of your children is never easy, but it can be won. RSA can help you devise and execute a successful strategy in your quest to gain or maintain the custody of your most precious asset.

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