The most challenging and difficult issues in family law are often issues that involved parents who are not in agreement about the best interests of the children. In many cases, parents work together to ensure the minimal disruption in the life of their child or children and find ways to co-parent during the separation and the divorce.
However, in some situations, both parents may not be in agreement, or one parent may not be willing to consider the best interests of their children. In a smaller number of cases, a parent may not be the appropriate guardian to care for the children due to mental health, addiction or lifestyle issues.
In these situations, a specialized child custody attorney may be required in the separation and divorce process. These lawyers may also be involved post-divorce if situations change for the one parent or if the needs of the children change as they grow and age.
Tips for Discussions
A parent can proactively meet with a child custody attorney if there is a history of conflict between the couple, particularly around matters of parenting the child or children.
Meeting with the attorney early in the process can help to establish options to consider, the legal possibilities for protecting the children from conflict and establishing a safe parenting plan.
Ideally, talk to the child custody attorney about the issues of concern. Avoid making judgment calls as to why the other parent may be engaging in specific behaviors and provide information as to the behaviors and how they are impacting the kids. Be honest and open about concerns and if there are any issues that the other parent may bring up about your past.
Child custody is a very emotional topic. By working with an experienced attorney, a parent can understand the process and have the best legal representation during this very difficult time.
