Call For A Free Consultation: 866-687-8561
Menu Contact

Custody Battles, A Necessary Evil?

Tonight's post about the evils of custody battles was written by our Atlanta custody attorney, Dina Khismatulina.

This evening, I want to reflect on custody battles between two fit parents. Jimmy Carter's quote on wars could be well applied to custody actions: like war, a custody battle sometimes may be a necessary evil. But, like war, no matter how necessary, it is still an evil, never a good. 

I am not talking about cases where children are abused or are in danger and need to be rescued. I am talking about the cases where both mother and father are fit parents, but their failure to communicate and co-parent is causing the litigation.

Guardian Ad Litems are often appointed in custody cases to help the judge determine what would be in the best interests of the children. Guardian At Litem's rates starts at $175.00 per hour and the parties have to cover the Guardian's fees on top of their attorney's fees.

Though Guardian Ad Litems are trained professionals, they usually only see the children a handful of times before they write their report and make their recommendations to the judge regarding which parent is best for custody. Consequently, communicating with the Guardian Ad Litem and complying with all of his/her requests is vitally important.

Though I believe that having a Guardian Ad Litem on the case is usually a tremendous help and almost always a positive thing, in countless cases, Guardians cannot be appointed because the parties cannot afford it. $175 an hour adds up quickly. Some counties, like Fulton County, have social workers who can be appointed in certain situations to help a judge to make a decision, but in the majority of counties, no such opportunity exists.

Then it all comes down to who is more persuasive and has better evidence. Litigation is costly and takes a long time, and in many cases one or both parents manipulate children during the process. Don't forget that in many cases, unless there were temporary hearings, the judge who decides your case is probably seeing you for the first time.

Custody litigation between two fit parents is almost never a good thing. It is an evil. Make sure to have an experienced attorney who will help you through the process and advise you on all your options, including alternative dispute resolution and myriad other solutions and arrangements that could apply in your case.

Remember, if you have to suffer an evil, at least make it a necessary one. Don't engage in a battle when the problem is really that you don't communicate in a conversation. That's the least your children could ask of you.

Dina Khismatulina

No Comments

Leave a comment
Comment Information
Email us for a response

Contact The
Manely Firm, P.C. Today We know how to safeguard the future of your family.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Manely Firm, P.C.
211 Roswell Street
Marietta, GA 30060

Toll Free: 866-687-8561
Phone: 770-421-0808
Marietta Law Office Map

Lawrenceville Office
148 S Clayton Street, Ste. B
Lawrenceville, GA 30046

Toll Free: 866-687-8561
Phone: 678-534-6250
Lawrenceville Law Office Map

Atlanta Office
121 Martin Luther King, Jr. Dr., Suite 430
Atlanta, GA 30303

Toll Free: 866-687-8561
Atlanta Law Office Map

Savannah Office
427 E. York Street
Savannah, GA 31401

Toll Free: 866-687-8561
Phone: 912-748-1192
Fax: 912-200-6773
Savannah Family Law Office Map