Family Law Blog

How Courts View Parenting Issues

Jul 30, 2019 by Paul B. Hervey

Parenting issues are often the most contentious part of a family law matter and the most difficult for courts to handle.  Ultimately, the court has to make a determination that is in the “best interest of the child”, not the “best interests of a particular parent.”  In the stressful time during a divorce or custody fight, parents often forget this rule.

Family court judges often also hear cases involved the state’s removal of children from their parents due to concerns of drug abuse, violence, homelessness, and sexual abuse.  They have heard it all.  They also realize that parents whom hate each other now loved each other enough at one time to procreate.  Courts are reluctant to “cut off” a parent whom has not attracted the attention of the local child protective agency.  With this in mind, one local judge sends this message to parents in new divorce cases:

“I am here to do my job and make tough decisions.  I am happy to do so if called upon.  Financial matters are relatively easy.  However, as it regards your children,  I want to remind you that I will only see you for perhaps a day in court.  Your worst decision on your worst day, working honestly with the other parent, is probably better than the best decision I can make on my best day after such a short time getting to know the two of you and your children.”


The content of this blog is for informational purposes only and is not intended as legal advice for any purpose. This blog is not intended to present an exhaustive summary of all applicable laws, or to take the place of legal advice.  If you have any questions regarding the law, please contact us for assistance.