It’s a pretty simple question, right? If you are a guy going through any type of divorce, custody, child support, or other family law matter, are you fighting an uphill battle?
With very few exceptions, the answer is clear. But let’s walk through the process of arriving to that conclusion.
Did you know that most statistics claim less than 10% of family law cases wind up in court? Experts can quibble the number is higher or lower, but for our purposes, it does not really matter.
The process of family law is biased—against the family itself. Think about it: Separation, divorce, and finances concern the entire family – parents and children alike. Courts are third parties making decisions for the entire family when the parents are unable to make decisions themselves.
While there are always times when courts are necessary — even critical — to the well-being of the family, there has never been a strong push within society to find alternatives. Of course, courts have improved mediation and alternative dispute resolution processes, but that is reactive, not proactive.
What parents need are processes for resolution, as well as knowledge of the resources to assist them with parenting differences.
So if only 10% of cases go to trial, are courts biased against men? No. They are biased against both parents for not finding a resolution. What a judge or magistrate must discern, among a myriad of factors, is which parent can be better trusted. And that consideration depends heavily upon the following factors:
- The family law attorney you choose: The skill level of the attorney you hire can make — or break — your case, as can the interactions between the attorneys for each of the parties.
- The specific facts of your situation: This factor is far too broad to assess, as it is far too factually based.
- Who is acting better— or worse — between the parents: Judges define, and refine, the classic factor of “Who do I trust more?” Some judges take an extremist approach of “Do you hate the other parent more than you love your child?” Others take a true multi-factored approach. Some judges act by instinct. The case law even suggests what judges do in custody cases is pure prognostication.
- Outside factors that can influence your case, none of which are within your control: Often, the biggest factor is the judge or magistrate. They all take an oath of impartiality. But some judges don’t mesh well with some parents. Some attorneys don’t mesh well with some judges.
So the next time you believe the courts are biased against you, think backwards to the very beginning of the process that led you to where you find yourself now. And then work to find the highly skilled family law attorney who can try to peel back the layers and get you and your family to a better place.
SIEGELLAW can help you. Call us today at 410-792-2300, or fill at the form to request more information.