Custody Battles/Martin Rosenfeld, JD

Posted on December 30, 2017


A mediator/attorney whose thoughts have appeared in this blog is Marcy Jones, Esq. I came across an undated article of Mr. Jones’ entitled “Thinking About a Custody Battle? Think Again”. In the articles various reasons are outlined that argue for the parents working out an agreement for the custody of the children, rather than leaving this decision up to a judge. First and foremost is the uncertainty of allowing a judge to make such a decision for you. It is never predictable how a judge might rule relative to your situation. Why leave the matter of custody to chance? Will the judge truly know enough about the two parties vying for a favorable ruling after a trial of a few hours, or even a few days? Other factors are cited that may be less obvious but no less significant. Once a judge has jurisdiction over this dispute, a few unfavorable scenarios can emerge:
-The judge may order on-going review and reporting of the parent-child relationship.
-Putting the focus on the children in a Court battle can have great negative impact on the children.
-The parents will be co-parents for the minor children under most circumstances. How will future disputes be resolved if the parents allow a third-party to make such a critical decision for them.
-Children tend to blame themselves when the family unit is undergoing tumultuous challenges. Do you really want to do this to your children.

Ms. Jones’ title for her article speaks for itself. Think again before you decide to leave your children’s welfare in the hands of another. The downside to this decision is too great. Love your children more than you hate your ex. Your children will be the beneficiaries of such realistic thinking.