Child Custody Cases Carry Emotional Impact On Children, Parents

The sound and fury that often accompany a bitter child custody case can cause parents, attorneys and judges to lose their focus on the most vital issue: the best interests of the child. The emotional baggage that parents can carry into a child custody case can affect everyone around them. The children in these cases are often caught in the crossfire. Meanwhile, their welfare depends on the actions of attorneys and judges who have only the slightest understanding of the family’s dynamics.

Roles of Attorneys and Judges in a Child Custody Case

In a recent presentation at the American Bar Association’s Section of Family Law 2015 Fall CLE Conference, presenter Frank P. Cervone remarked on the “adversarial construct” of the court system in a child custody case. The presentation, titled “The Preferences and Voices of Children – How Do You Protect the Child?”, addressed the differing roles of attorneys and judges. The role of the parent’s attorney is to act in the best interest of his or her client, which may not coincide with those of the child. In most states, the judge has the task of looking out for the best interests of the child.

Child Custody Case As Revenge

In some instances, the parent pursuing sole custody in a child custody case may be more focused on hurting the other spouse than caring for the child. The motives for such behavior may be emotional, financial, or rooted in other psychological issues. While parents may believe that the child is unaware or insulated from such motivations, the parent’s clouded mindset in a child custody case can blind them to the emotional damage they can unknowingly inflict on the child.

Child Custody Cases and Co-Parenting

At the ABA’s spring 2015 family law conference, Professor Philip Stahl gave the presentation, “Revisiting Shared Parental Access-Is a Presumption of Equal Parenting Time the Appropriate Template for Custody Determination?” The presentation questioned whether shared parenting in a child custody case should be the go-to arrangement. Prof. Stahl remarked that several situations, ranging from domestic violence to mental health issues to substance abuse, can make co-parenting too problematic to consider in a child custody case.

Child Custody Cases: Winning and Losing

In many child custody cases, the parents are more concerned about “winning” or “losing” than looking out for the children they claim to love. A recent documentary, titled “Talk to Strangers,” shows children coping with their parents’ behavior during various child custody cases. The film also shows the reasons why a child would favor living with one parent over the other. The director, Larry Sarezky, said about the film, “The impact of high conflict divorce upon children is a pervasive problem.”

Source: Huffington Post

Get Answers For Your Child Custody Case Questions

To find out how we can answer your questions about your child custody case, contact one of our attorneys today. Our intake team will take down the details of your divorce and quickly connect you to an attorney who understands child custody case law and how it affects your case. You can also fill out the “Confidential Evaluation” form at the top of this page.

NOTE: This post is a news story and does not imply an endorsement of Arguello Law Firm by any concerned parties mentioned herein.