Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
Child Custody And Divorce: Free Legal Advice
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Let me say this first, and don't you ever, ever, forget it: child custody is VERY VERY different from divorce. Yes, you're in a courtroom (probably the same one you got divorced in, definitely the same one if you're divorcing and arguing child custody at the same time), yes, you need a lawyer, and yes, the rules of evidence and all of the court rules apply, but it's different . You have to appreciate that it's different, and you have to play to the differences, you have to play to the crowd, as they say. Well, it's a different crowd. It's a different focus.
Here's the difference: child custody has an OBJECTIVE standard, where divorce has a SUBJECTIVE (for the most part) standard. If you don't know what that means, it means this: the factors in the case can be (and must be) objectively measured, as opposed to just being "kinda" or "close enough". In fact, that gives us a good example of how the judge's job has changed.
Imagine that you are a cook's assistant, at a cafeteria line. Your boss has given you instructions: "put a fair amount of soup into each bowl, as the customer passes along the food line". Along comes a customer, and he doesn't like the job you did, and he wants to take an appeal, he wants to file a grievance against you, with your boss. The question on appeal is now this: did you in fact put "a fair amount" of soup in that bowl? Well, let's all look at the situation: was the amount of soup "fair"? As you can see, that's pretty hard to win on appeal...what's fair? Most things are fair, if I (as your boss) review this situation. Well, the line was kinda long, so the server had to hurry, and well, the supply of soup was getting short, so I can justify, as a boss, supporting my soup server. I can say "well, taking everything into account, I guess it was fair. It's true, last Saturday, someone got 6.5 ounces of soup, and this customer only got 5 ounces of soup, but what the heck, it was fair under the circumstances". Appeal denied. My employee (you) followed instructions, and put "a FAIR amount" in the bowl. That's a subjective standard, and that's what a DIVORCE judge has to face. He has to face a SUBJECTIVE standard of review.
Now let's change the standard. You are the same cook's assistant, in the same food line, and your instructions are these: "...put six ounces of soup in each bowl, as the customer passes along the line". Well, along comes the same customer, and he wants to file an appeal, he wants to file a greivance against you, with your boss. The question on appeal is NOW THIS: DID YOU OR DIDN'T YOU PUT SIX OUNCES IN THAT BOWL? The light was bad? Tough. Fix your lighting, when you get around to it. Appeal granted, and the decision of my employee (you) is REVERSED. It wasn't six ounces, it was 5.5 ounces, and in spite of the explanations of my employee, the standard is OBJECTIVE, and there wasn't six ounces of soup, and there should have been. Along comes another customer, who wants to appeal also. The question on appeal is this (again): "Was there, or wasn't there, six ounces of soup in that bowl?" The customer says that you OVERFILLED his bowl, and put 6.5 ounces in there, and that's a mistake: your job is to put SIX OUNCES in the bowl. Read the law. Follow your instructions. Appeal granted, and the decision of my employee (you), is REVERSED. As you can see, this objective standard of review is harder to live up to. Objectively, there either is or is not six ounces in that bowl. And, it's fairly easy to measure. That's the job of the CUSTODY judge (as opposed to the DIVORCE judge), and it's easily determined that the judge (or the cook's assistant) did, or did not, do his job. If the judge didn't do his job (or was silly enough to disagree with you), let's measure up the situation, OBJECTIVELY. If there is not exactly six ounces in that cup of soup, then the judge (or the cook's assistant) didn't do his job. His decision is far easier to successfully appeal, if you need to, in a CUSTODY case. VERY, VERY different from "divorce" isn't it? As you can see, this OBJECTIVE STANDARD stuff makes a difference. An appeal is far, far, easier to win, if the judge didn't exactly follow the letter of the law, and some judges just don't. The decision is far, far easier to have REVERSED, if you need to. Here's the caveat:IF you play to the standard, rather than ignoring the standard. We, of course (you and I) are going to structure our whole case to the standard of review, recognizing that the burden of proof, at some point, is on the judge (or the cook's assistant) rather than on us. Think about it: the question is "was there, or wasn't there, six ounces of soup in that bowl?"
That's the difference between an objective and a subjective standard of review. It (the difference) can change your life, and that of your children, if you properly appreciate it. That's the difference between CUSTODY, and DIVORCE.
Good luck with it.