Tonight’s post on the Art of Family Law was written by our Lawrenceville Family Law Attorney, Brandy Alexander.
Sometimes, we rush to act without considering exactly what it is we wish to gain and certainly without considering what, if anything, we stand to lose.
Family Law is about, well Family: children, husbands, wives, fathers and mothers.
The best interest of the child standard is the crux of Family Law matters involving children and while not codified, everyone, husbands, wives, fathers and mothers are all seeking what they believe is in their own best interest. So, it is easy sometimes to forget that the best interest of the child and the mother; or the child and the father are not always synonymous.
The art of Family Law, I think, is strategy. Developing a strategy requires taking a few necessary steps. First you must establish what you want (and in some cases what you don’t want). Next, you determine why you want or don’t want those things. Then you have to do a cost-benefit analysis, that is to say that you must decide if what you want is worth the risk you take in seeking it.
Sometimes, we get so caught up in getting what we want that we fail to see the possible pot holes that may stand in our way- such as a counter-claim or all of the missed time from work that may come with having to go back and forth to court.
After clearly determining what you want, why you want it and that the benefit outweighs the cost, you and your attorney will come up with the last and final step: figuring out how you are going to accomplish your goal and reach your desired outcome.
This all sounds very easy, and quite often it is; but it takes thought and work. Your attorney wants to help you reach your desired goal. That is his/her main purpose; but if you cannot clearly ascertain the what and the why it becomes increasingly difficult to make a strategy (the how) to help you get that which you desire. The ride will likely be smoother and maybe even a bit quicker.
The forethought, the planning, the strategy, that is what makes the doing of it look easy. That is the art of family law.