In half of all consultations, this is the question the potential client wants answered most of all. And, not surprisingly, the answer is not always as clean-cut as one might anticipate. The decision is nuanced and will depend on many factors, but, the greatest considerations tend to consist of the following concerns. First, what does the current arrangement look like and is there a likelihood the custody situation can actually get worse if the client involves the court system? Second, what is the relationship like between the client and the other parent and can court involvement negatively alter that relationship for the foreseeable future? And of course, is it worth the expense, both financially and emotionally? In most instances, the answers to these and other questions do make court involvement the appropriate course of action. That is not surprising as most people don’t take the step of speaking with an attorney lightly as the decision to get to this point is normally after hours, days, and often months of careful deliberation.

Nevertheless, I take pride in answering these and many other questions honestly, providing the potential client with not just the what but the why. There are and remain circumstances where moving the situation towards litigation in a court setting is not what is in your best interests. In those occasional circumstances, it is imperative that your attorney is willing to honestly have that and other conversation with you from the very beginning. Personally, I have always strived to do that and will continue to do so because I realize involving the court system in your dispute is not always the best course of action for you. I do that knowing such advice will in some instances lead you to choose not to hire an attorney. And quite frankly, I will continue to do that because it’s the right thing to do.

In the first Frequently Asked Question I said how that was the first question I hear in half of all consultations. Well, in the other half of all consultations, this is the first question I get asked. Reason is, this question goes to the crux of the dispute. Not surprisingly, it’s not a question that can get a yes or no answer and it certainly isn’t as simple as merely counting the days or the overnights a child is with one parent or another. Rather, it’s a very nuanced determination based on all of the Custody Factors. Find out more with our free consulation custody lawyers in Erie PA.

That said, the wider the historical discrepancy in time with one parent over the other, the harder it will generally be to bring the arrangement closer to 50/50 or, of course, flip the primary arrangement all together. What do I mean by that? Look at it like money in a bank. If one parent saves $1 three hundred days a year and the other parent saves $1 fifty days a year, who will have the most money after five years? Obviously the first parent who has $1,500 dollars as opposed to the parent who has $250. The $1,500 dollars will generally go a heck of a lot further than the $250 will. Days with one parent or the other, to some extent, work the same way as currency. Generally, the more days the greater advantage with the Court. In essence, you can advance the ball further. Now, does that mean a discrepancy cannot be overcome? Of course not, but, it does make the climb much more difficult.

Obviously, that dynamic relates to cases where there exists a significant historical discrepancy in time the child spends with one parent as opposed to the other. But, what about when the discrepancy is much smaller or even a 50/50 split? These are the situations that can become most contentious and most focused on the fine details of the custody factors, especially if one parent is trying to significantly adjust the custody arrangement in his or her direction. In those situations, your attorney must be comfortable on their feet and in a court setting. Experience in trial is essential. Because of my many years as a prosecutor and the years since as both an Erie criminal defense attorney and child custody attorney, I believe I have that experience and can advance your interests if need be in a trial.

In the end when talking about whether you will get what you want you must remember the determination will boil down to the best interest of the child in light of the custody factors. Every situation is as different as the parties involved. In light of that, it is imperative that you have an attorney you can relate with on a professional AND personal level. The experience will be difficult emotionally and you need someone who is firmly in your corner and who has the ability to help you through every step of the way.

In the criminal law arena, the answer to this question is usually a little more black and white. There are certain considerations out there and if they matter to you then you probably need an attorney. If they don’t, then you probably don’t. In child custody, it is almost always important to have an attorney. The only instance where it might be worth going it alone is when you have a great relationship with the other parent, he or she isn’t getting an attorney, and all of the issues are decided and they only need to be memorialized in writing. That said, even then, please remember that the other parent can change their mind and show up with an attorney at the custody conciliation. It’s been done before and it will happen again.

In essence, what everyone involved in a child custody dispute needs to realize is that the first agreement will often set a baseline to some extent. It will set the starting point, and there are no “do-overs”. That document will always exist until both sides agree to change it or the Judge makes a new one. And, if you get steamrolled at the first hearing because you went it alone, it will take months at the very least to get another bite at the apple so to speak. And, those are months where the old order is controlling, allowing the other parent to continue to put money in the bank as I illustrated in the previous Frequently Asked Question.

The bottom line is, the attorney you choose does not have to be me. There are a lot of considerations and maybe for one reason or another, someone else is better for you. But, understand what is at stake and think long and hard before you decide to navigate this process alone.