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Helton Law Firm, PLLC

Downsides of the court process in child custody cases

Many factors during a divorce can make it hard for people to think rationally rather than emotionally, and parents often get the idea that they need to have sole custody of a child or children. While parents in Tennessee and other states may think this is in the best interests of their children, this is often not the case. Parents who cannot agree on a custody agreement must go to court, and judges usually feel that having a relationship with both parents is in a child's best interests.

One problem with taking child custody disputes to court is that the job of an attorney for a parent is to win and to present the client's side in the best light> It thus can be difficult for a judge to get an accurate representation of a situation, since they preside over many cases and do not get to spend much time getting to know a family. When going through the court process, not all the relevant information is always known because an attorney's job is sometimes to try and spin or suppress evidence if this serves a client best.

Parents can also deplete their savings and money meant for children when insisting on going to court. Even those who try to keep their children distanced from the proceedings may not fully be able to keep a child away from turmoil and conflict.

It may be better for parents to attempt to form a shared parenting solution without court intervention first as judges generally give parents some form of shared arrangement anyway unless one parent is unfit, and the divorce process could be easier on children when parents try to work together instead of fighting. Both sides may each want separate attorneys to assist in the negotiations of such an agreement.

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