Our Position on Initial Custody Requests.
Clients hire attorneys that they believe will increase their likelihood of "winning" and who also reflect the client's philosophical viewpoint. If you don't agree with ours, ask yourself if you have genuinely realistic expectations. Although we are always our client's zealous advocates, we continuously ask our clients to examine the best interests of their children.
Your child has a right to maintain a significant and meaningful relationshipwith both parents. The health, safety and welfare of children is paramount. Resolving custody issues quickly and thoughtfully can lessen a child's suffering in your break up. As attorneys, solving a custody dispute is hard and rewarding work. While we realize that it is not always proper, joint custody with a flexible parenting schedule is the optimal solution.
The romance is over. You are probably dissapointed and angry. This isn't how your life was supposed to work out. You've probably been "room mates" for months. From now on, consider yourself a "business partner" in raising your child; the most important investment of your life. However, children are not property to divide like a joint checking account. Consequently, neither separating parent has a presumptive "right" to"50%/50%" parenting time.
There are rare circumstances when full custody orders are necessary and Hughes Law Group attorneys have secured such orders. However, unless there is a serious safety or sobriety issue, neither parent should request full custody orders. A parent demanding full custody at the outset for the purpose of "bargaining down" to a more reasonable percentage is simply wrong. Bad faith tactics only increase distrust and anxiety of parents and children. Your child deserves two parents that, although living apart, still act as a team to meet that child's needs. The discussion should revolve around the child's needs and whatever parental behavior prevents implementation of shared parenting time.
Our clients meet with an attorney at our firm prior to a custody mediation/evaluation to address any parental behavior or safety issue that prevents meaningful co-parenting (sometimes these involve domestic violence, alcohol abuse, drug abuse,mental health, parental distrust, alienation and poor communication). This preparation vastly increases sucessful dispute resolution on child-oriented terms and ensures that the evaluator understands your position.
No parent is perfect. Parents need to recognize problems and fix those within their control. Both sides need to answer the question, "How do I contribute to this seemingly unresolvable problem?" Doing so is not simply a settlement exercise, it is finding a solution rather than perpetuating expensive custodial disputes.
Proper Child Support Calculation
You are entitled to Statewide Guideline Child Support orders calculated properly. We understand the calculation program as well as the common pitfalls caused by improper input. As examples: Imputation of income requires actual evidence of the ability to earn and is not simply granted at the request of one party. Formula "hardships" for other supported children are at the discretion of the judge.
Child Support ensures that a child enjoys the same standard of living in both homes.
Our attorneys know how to properly present and defend these issues.
Property Division and other Financial Litigation - Constantly Evaluate Genuine Settlement Value
Does it make any sense to incur $5,000.00 in attorneys fees for the chance of collecting $4,000.00 from your former spouse or partner? Not unless you are assured that your request for an attorneys fees order will be granted and the total debt is collectible (which is simply not always the case).
Take another very typical example of a disaster that could have been avoided: After performing her financial disclosure requirements, Wife offers to pay an equalization payment to her soon-to-be former Husband in the amount of $50,000.00 cash. Husband spends the appropriate attorneys fees doing his mandatory financial disclosure, but is not emotionally ready to settle (or alternatively, his attorney can't or won't give him settlement advice at this point). Husband's attorney performs a very preliminary calculation which predicts that Husband may be entitled to $75,000.00 or even $100,000.00 in part based upon Husband's inflated valuations of assets that Wife wishes awarded to her. Husband's counsel does not ask his client for genuine valuations. Husband then spends $20,000.00 in further attorneys fees and even hires an appraiser (or a forensic accountant, any variety of experts, etc.). The parties (and their children) continue to live in the ongoing stress of divorce litigation for more than a year. Ultimately at a settlement conference, the Judge Pro Tem convinces the parties to settle for a $60,000.00 equalization. The result: Husband has a net payment of $40,000.00 in his pocket ($10,000.00 less than was offered a year earlier), the parties resent each other more bitterly and both parties' attorneys were paid fees for months.
Hughes Law Group attorneys want you to move on with your life, to spend fees efficently and will evaluate responsible settlement to end (or hopefully avoid) litigation. Don't be confused: We are trial attorneys and love trial work. We won't encourage settlement on unfortunate terms because we won't or can't try your case. We can and will be aggressive when necessary but only when your case requires it and not simply to generate fees.
