Looking for child custody battle tips? There are many you can learn to guarantee a win in your case, but one of the main tips people seem to want to know is how effective it can be to represent yourself. There are pros and cons to taking this approach. This article examines some of the good and some of the bad aspects.
When you make your own decisions and represent yourself, you're more likely to have a good outcome. That is, pro pers are more likely to comply with the court orders, are less likely to religate, and often have less post-dispute conflict.
To Keep It from Escalating
When you hire a custodial attorney, you're hiring an attorney to act on your behalf. It's quite likely the attorney will file accusatory movements, adopt a harsh negotiating situation, and threaten litigation at every turn. Attorneys are mercenaries in an adversary system, and those are the tools that they have to work with.
If the parents are bargaining from dramatically different positions, hiring lawyers can help balance the equation. On the other hand, when it comes to family law, this confrontational approach has been criticized. When lawyers get involved, formerly pliable parents may become entrenched, hardened into extreme and polarized positions.
After the court battles are over, and the lawyers have gone home, parents still have to deal with each other.
When looking for child custody battle tips you should know when lawyers become involved, a simple case involving one issue can suddenly blossom into full-scale litigation. When one parent gets a lawyer, the other parent responses, and soon a case requiring only a few simple forms to be filled out turns into a litigation nightmare.
By representing yourself, it's possible to lessen the adversarial nature of the proceedings, and leave yourself room to do business with your ex-spouse afterwards.
Disadvantages to Representing Yourself
There are also many reasons why you might not want to represent yourself. Here are some things you might do that couId make matters worse:
Make Legal Mistakes
The fact is, a child custody lawyer is someone who has usually completed lour years of college, three years of law school, and passed a bar exam. During that time, he or she was trained to analyze complex legal problems and handle intricate legal work. You were not. If you represent yourself, you're much more likely to make a mistake-possibly a serious one.
Also, keep in mind that many court procedures are steeped in arcane, obscure rituals originally derived from another country. While common sense typically prevails in the long run, there's no guarantee that a simple procedural error will not cost you much more than if you had hired an attorney in the first place.
And finally when you are looking for child custody battle tips, realize that lawyers must stand behind their work. Not only do attorneys carry malpractice insurance, but most states have a client security fund that may reimburse you.