Often the most emotionally-fraught aspect of a divorce case can be the resolution of custody and parenting time issues. While it is the goal of the legal system to resolve custody and parenting time as quickly as possible, the resolution of these issues is sometimes more like a marathon than a sprint.
Litigants should keep in mind that the lens through which our courts will view every custody case is the welfare of the child/children. However, in a contested custody case the litigants invariably have distinctly different views on how best to maximize the welfare of the child/children.
In formulating a custody strategy to best present your view of the ideal custodial arrangement, you should keep in mind the following thoughts:
- Be able to document your involvement with the children which could include maintaining detailed parenting logs which memorialize routines, interactions and, if applicable, overnights.
- All communications with the other parent (and, third parties in general) regarding parenting time could end up in an exhibit to the Court. When writing or speaking to the other party, make it a point to utilize respectful, non-inflammatory language.
- Always be sure to make parenting decisions that take into account the objective “best interests” of the child/children. In practical terms, this requires putting personal conflict aside and focusing on the child’s safety, stability, developmental needs, and overall well-being.
In certain circumstances, the resolution of custody and parenting time may entail the utilization of a formal “best interests” analysis conducted by a qualified “custody expert.” In those cases, it is critical to cooperate openly with this professional--and keep in mind that it will likely take several months for the evaluation process to play out.
The resolution of contested custody cases requires patience and consistency. Contact a member of the family law team of Cohn Lifland Pearlman Herrmann & Knopf LLP if you would like to discuss how to approach a contested custody case.