Sometimes custody cases can take time, especially if we want to make sure you receive the best representation possible. We get it – it’s frustrating playing the long game, and there will be times when you feel like there is no movement happening in your case. The goal when we initiate an action on our clients’ behalf is to eventually get to a resolution that will put you in as good a position as possible, and many times, it takes patience to get there.
There are times when an aggressive attorney may suit your case well, but aggression is not where we like to start. Certainly if you are needing to initiate an emergency custody action or file a temporary protective order, then taking action quickly is important. Looking at a case holistically allows us to develop a strategy for how best to handle each case, and regular check-ins with clients about their goals ensures that your legal team is able to adjust strategy as cases progress.
It can seem like there is nothing happening in your case when there are stretches of time when no motions have been filed, no hearings have been scheduled, and you feel stuck. But what’s really happening during this time is that as time passes, the facts of your case are changing an evolving. Sometimes this means giving the opposing party space to mess up. Sometimes it means giving you time space to clean up some messes you may have made. A swift course of action is not always the best remedy.
In many custody cases, the court might appoint a guardian ad litem. This is an attorney who serves as an investigative arm of the court to represent the best interests of children. And as children typically are not allowed to testify, guardians can play a key role in making sure that the court knows and understands the children’s needs and wishes. A guardian ad litem will then be able to make a custody recommendation to the court. To make a permanent recommendation, a guardian needs time to observe, investigate, come up with a custody and parenting time schedule that works best for the children. In the interim, the guardian may suggest that one or both parents complete some tasks or do some work (like counseling, taking an anger management course, etc.) before the parties’ next court date. These things can take time, and exercising patience is the most important tool you have in your toolbox.
Even in cases where there is not a guardian making recommendations, playing the long game can work in your favor. Let’s assume that you and the opposing party are fighting for custody of the children, and you recently tested positive for some illicit substance. In this instance, you absolutely do not want to rush into court, as you put yourself at serious risk of having more parenting time taken away from you. In that situation, a strategic approach would be for you to take a drug test each month until you’re negative for all illicit substances, and then maybe wait even longer so that you can produce several more negative tests in a row. This is not going to yield the quickest results, but it puts you in a much better position in the long run for more parenting time.
There are a myriad of other reasons why your attorney would not suggest a more aggressive approach to each case, and this is always going to be fact-specific. No two cases are exactly alike, and they all require their own analyses to determine the best course of action. Just know that we do understand the desire to get your case over with as quickly as possible, but if your legal team is encouraging you to exercise patience, there’s a good reason for doing so.