Preeminent Divorce Lawyers in Fullerton

Dealing with a divorce can be one of the most challenging and stressful experiences anyone faces. Whether you are dealing with divorce, child custody, spousal support, or any other family-related legal issue, having a reliable, experienced, and compassionate divorce lawyer by your side is crucial.

Our Orange County family law firm is dedicated to providing the highest quality legal representation to help residents of Fullerton through these difficult times. Below are some of the reasons why you should consider retaining Minyard Morris to represent you and protect your interests and rights.

Strategic Excellence and Client-Focused Service: How Minyard Morris Stands Out

When it comes to family law, success requires more than just legal expertise, it takes strategic insight, teamwork, and a deep commitment to our clients’ goals. At Minyard Morris, we’ve built our practice on these values for over four decades. Our approach centers around regular strategic meetings, where our team of 20 experienced divorce lawyers comes together to plan, refine, and implement effective strategies for every case. This process not only sets us apart but ensures that each Fullerton client receives a personalized approach, tailored to their unique needs and objectives.

Strategic Planning for Client Success

At Minyard Morris, we believe that delivering the best service starts with thoughtful, proactive planning. That’s why, three times a week—on Monday evenings, Tuesday at noon, and Thursday at noon—our entire legal team gathers for focused strategy sessions. These aren’t casual conversations; they are intensive workshops where nearly 350 years of combined legal experience are applied to our Fullerton clients’ cases. This thorough process allows us to explore complex challenges from all angles and map out the best way forward—all with the ultimate goal of achieving the best possible outcomes for our Fullerton clients.

In these sessions, we address a wide range of strategic issues: How do we handle a particularly challenging opposing counsel? What approach is likely to be effective with the specific judge assigned to the case? We analyze the latest case law, review recent appellate decisions, and integrate insights from seminars. This level of analysis ensures our strategies are well-informed, innovative, and always aligned with each Fullerton client’s personal goals. Every decision we make is guided by what matters most to our clients, helping us deliver tailored solutions that achieve successful outcomes.

Refining Strategies for Optimal Results

These meetings are about more than just creating strategies—they’re about refining and perfecting them. Each divorce lawyer presents their ideas, and the entire team provides feedback, identifies potential issues, and suggests improvements based on collective experience. This collaboration sharpens our strategies, ensuring they are ready to adapt to any challenges that arise while keeping our Fullerton clients’ goals front and center.

Providing top-notch service means being proactive, thorough, and prepared for anything. In our strategy sessions, we anticipate obstacles and brainstorm creative solutions that others might overlook. Whether it’s structuring a settlement to meet a client’s goals or determining the best way to present evidence in court, our focus is always on crafting strategies that exceed expectations. By the time our strategies are ready to implement, they have been meticulously analyzed and refined to align with our Fullerton clients’ needs, setting them up for success.

The Advantage of a Collaborative Team Approach

When you are a client of Minyard Morris, you’re not just getting one divorce lawyer—you’re getting the collective insight, experience, and support of 20 divorce lawyers. This team-based approach means every case benefits from comprehensive strategic analysis, providing a level of service that smaller firms simply cannot match.

Imagine a divorce lawyer facing a particularly challenging legal issue. Instead of tackling it alone, they bring it to our strategic meetings. More often than not, another team member has dealt with a similar situation and can provide immediate guidance, citing relevant case law, appellate rulings, and successful tactics. This rapid, informed collaboration allows us to make strategic decisions that directly benefit our Fullerton clients and give them a distinct advantage.

Our discussions cover practical matters as well. We assess the likelihood of success for various strategies, considering the judge’s preferences. We debate which expert witnesses would provide the strongest support for our case and determine how to present key evidence most effectively. When we talk about settlements, we brainstorm creative solutions that align with our clients’ goals while proactively addressing potential obstacles. This thorough planning is key to delivering the kind of service that consistently puts our Fullerton clients’ needs first.

A Commitment to Strategic Investment

Our thrice-weekly strategy meetings are a significant investment in the quality of our service. Bringing together 20 divorce lawyers three times a week, with hourly rates ranging from $350 to $800, represents considerable internal costs. But we don’t pass these costs on to our clients—we see these meetings as essential to providing the kind of representation our Fullerton clients deserve. This investment enables us to craft the most effective strategies and achieve the successful outcomes our clients expect.

While other firms may occasionally discuss cases, none match the structured, consistent, and intensive approach to strategic planning that defines Minyard Morris. This process is embedded in our culture, laying the foundation for navigating even the most complex family law issues with confidence, skill, and foresight—all with an unwavering focus on our Fullerton clients’ desired outcomes.

The Minyard Morris Promise: Planning for the Success of our Fullerton Clients

When you choose Minyard Morris, you’re choosing a firm that places strategic planning and client service at the core of what we do. Our thrice-weekly meetings are where strategies are conceived, scrutinized, and perfected, ensuring that no detail is overlooked and every option is considered. We don’t just respond to challenges; we anticipate them, adapt to them, and craft strategies that position our clients for success.

This is the Minyard Morris promise: a team that goes beyond just representation. We invest time, expertise, and collaboration to craft the best possible strategies while delivering high-quality, personalized service. Our dedication to strategic excellence and client care means that when you work with us, you have a team that understands the intricacies of family law and is committed to achieving the best outcome for you—aligned with your unique goals and needs. That’s our promise, and it’s one of the things that makes Minyard Morris unique.

Expertise and Experience

Our 20 divorce lawyers specialize exclusively in family law, which means we have extensive knowledge and experience in handling a wide range of family-related legal matters. With over 46 years of practice in Orange County family law, we understand the nuances of local family law and have successfully represented the residents of Fullerton in cases involving child custody, spousal support and essentially all other family law matters for decades. Our track record speaks for itself, showcasing our commitment to achieving the best possible outcomes for our Fullerton clients. We are large enough to have the bandwidth necessary to handle and staff any emergency you may have and we are small enough to provide personalized service. Experience and size matter when it comes to your family law matter.

Our divorce lawyers do not simply limit their practice to family law, they limit it to family law matters filed in Orange County. Our divorce lawyers have a combined nearly 350 years of experience that we leverage for the strategic benefit of our Fullerton clients. We meet, in person, as a firm three times each week to brainstorm our clients’ cases in strategy sessions. It is hard to quantify the true value of these meetings, but we do know that there is a huge benefit in having the input of 20 divorce lawyers on important or unique issues to our Fullerton client’s cases.

In 2024, the esteemed and independent lawyer rating service, Best Lawyers in America® listed 19 of 20 Minyard Morris divorce lawyers, an unprecedented level of recognition for a family law firm.

Before you hire a divorce lawyer, spend the time necessary to carefully investigate the lawyers and law firm that you are considering. Lawyers’ websites are excellent starting points for performing due diligence. Don’t look back years from now and regret not having spent more time thinking about and researching the purchase of a refrigerator or a car than selecting the divorce lawyer.

We understand that every divorce is unique. That’s why we focus on and take the time to listen to the concerns of our Fullerton clients, understand their goals, and develop a customized legal strategy tailored to their specific needs. Our personalized approach ensures that they will receive the attention and dedication they deserve.

Strong Negotiations and Litigations Skills

Our objective is to achieve amicable solutions through negotiation. Our goal is to protect the rights and interests of our Fullerton clients, whether through a negotiated settlement or a court decision. Litigation should be the last resort, but if it is necessary, our divorce lawyers are skilled trial attorneys.

Comprehensive Legal Services

Our comprehensive approach ensures that our Fullerton clients can rely on us for any family law issues that may arise, providing continuity and consistency in your legal representation. If you have an issue that is not directly in our wheelhouse, we will refer you to an expert in that field.

Deep Local Knowledge

As a family law firm based in Orange County whose 20 divorce lawyers do not handle any matters filed outside Orange County, we know the nuance of Family Law in Orange County. We are familiar with the judges, courtroom procedures, and other local attorneys, which can be extremely helpful in resolving issues and cases of our Fullerton clients. Our local knowledge allows us to navigate the system efficiently and effectively, ensuring that your case progresses as smoothly and as rapidly as possible.

Client-Centered Approach

We keep our Fullerton clients informed at every stage of the case. We are available to answer any questions you may have. Minyard Morris divorce lawyers and staff do not work remotely. We are in the office and available to our clients.

Positive Outcomes and Testimonials

Why are we the largest family law firm based in Orange County? The answer is because the public has figured out that we are the “go to” divorce lawyers. Our success is measured by the positive outcomes we achieve and the glowing testimonials they provide. Many of our clients come to us through referrals from those we have helped in the past, a testament to our performance. We have a powerful reputation built on over 46 years of exclusively handling Orange County family law cases. Retain the law firm Fullerton knows and trusts. Our clients know that we won’t let them down.

Date of Separation

When filing for divorce, the forms ask for a date of separation, which is the date when the relationship ended. This date can be a hotly contested issue. The date of separation is the date on which one party made the decision to end the relationship and communicated that decision in a clear manner that was unambiguous to the other. When this communication is verbal, it may be subject to interpretation or misunderstanding. If the communication is verbal the other party may simply deny that the communication occurred. To avoid these possibilities, any verbal communication should be confirmed in an email or a text.

The date of separation may be important to many issues including:

• The duration of spousal support,
• The responsibility for certain debts,
• The valuation date of some assets, and
• The determination as to whether earnings are community or separate property.

It should also be understood that a valid and effective date of separation can be voided if there is an attempted reconciliation. If there is a second date of separation after a failed reconciliation, the second date will be deemed the actual date of separation. There can be only one date of separation.

Our Practice Areas

We limit our practice to family law and handle matters in almost every category of this area of the law.

Child Custody: Many of our divorce lawyers spend a considerable amount of their time on child custody matters. Unfortunately, we have our share of high conflict child custody matters. We do all we can to resolve child custody cases through negotiation. However, if the issues must be litigated, we have the experience necessary to achieve a favorable outcome.

Child Custody Relocation/Move Away: Move away cases are challenging. It is crucial to understand the law and the challenges of moving or preventing a move as soon as the issues arrive. This issue demands a sense of urgency. Fullerton residents should meet with a divorce lawyer long before making concrete plans to relocate.

Spousal Support: Understanding the law is critical in that the court is required to consider over thirteen different factors. The court has very wide discretion in making spousal support orders and appeals are rarely successful. This issue, like others, must be handled in the right way the first time. There are no do overs. This is another area that requires a divorce lawyer with extensive experience. It is a myth that all spousal support awards are determined by a computer program. It is not that simple.

Support Modifications: Child support in every Fullerton case, is always modifiable parties cannot make child support non-modifiable. Spousal support is modifiable unless the parties agreed in writing that it is non-modifiable. To modify a spousal support order, the requesting party must show a material change in circumstances.

Domestic Violence: Domestic violence has become a significant part of family law in Fullerton and throughout Orange County in the last decade. Most of our divorce lawyers have extensive experience in this area.

Executives: We frequently handle divorces of executives and C-Suite individuals, so we’re familiar with the unique issues faced by executives in divorce. We’re also the law firm that lawyers hire. Whether you’re a partner at a large firm or a solo practitioner, we are well-equipped to address the relevant issues.

Self-Employed and Business Valuation: This area is probably the most complex area of family law. Many of our divorce lawyers have extensive training and experience in cases involving businesses owned before the date of marriage or acquired during the marriage. This is a sub-specialty in family law. A small percentage of divorce lawyers handle self-employed individuals on a regular basis. Even fewer have actually tried these cases. Fullerton clients should ask lawyers point blank about a lawyer’s experience in this area.

Validity of Premarital Agreements: We have litigated countless premarital and post marital agreements. In fact, one of our divorce lawyers tried one of the most significant premarital agreement cases in California.

Breach of Fiduciary Duties and Misappropriation: In the last 20 years, this area of the law has received far more attention from the courts and lawyers than in previous years. We tried one of the landmark cases in the fiduciary duty area. If your spouse has used community money in a manner that breached these duties, we can protect your rights.

Stock Options/RSUs/Deferred Compensation: Deferred compensation is a significant part of property division in many Fullerton divorces. Our divorce lawyers are very familiar with the many nuances of many forms of deferred compensation.

A divorce is a division of a partnership’s assets. The divorce lawyer you hire needs to understand the various assets involved in your case and how they are valued. Assets cannot be divided properly unless the divorce lawyer understands the specific asset and its nuances.

What Is Physical Child Custody?

Physical Custody

Physical custody determines where a child lives and the time shared. Joint physical custody is awarded when the time share is 50 50 or at least, giving both parents very substantial child custody time.  If the time shared to a parent is not substantial, the custodial time is often referred to as visitation rights or periods of custodial time.

What Is Legal Child Custody?

Legal Custody

Legal custody is generally awarded jointly to the parties. For one party to be awarded sole legal custody, the court must be convinced that there is a strong reason for deviation from the norm.  Legal custody dictates which parent may make decisions regarding a child’s health, education and welfare. Sole legal custody may be awarded to one party where the parties are unable to coparent and work together relative to decision making pertaining to the children. If, for example, the parents are unable to agree on which school a child will attend, the court may give one parent sole legal custody or sole legal custody as to educational decisions and then allow that parent to make the educational decisions.  The same would be true if there was conflict related to a medical issue

Can You Agree With Your Spouse That Neither Can Change The Child Custody Order In The Future?

Non-Modifiable Child Custody Orders

We are often asked if parties can agree to a child custody arrangement or order that is fixed and that cannot be changed. The answer is a strong ‘NO.’  The parties may sign such an agreement or stipulation, but a judge will not sign it. Even if, for some reason, it were to get signed, either party could petition the court the following day and the court would modify the order.  The court always retains jurisdiction to modify a child custody order. There are reasons why it may make perfect sense to try to set a non-modifiable child custody order but that logical, good faith, or child centered reason would not change the fact that the court may modify any child custody order. Everything is guided by the child’s best interest and the courts can override the opinions of parents as to what is in a child’s best interest.

The same is true regarding child support. No child support order can be made non-modifiable. Anything that has to do with children is modifiable. There is no creative way around this issue. Some lawyers try to draft around this issue with cryptic penalties for the party attempting to modify the order in hopes of hiding the intention to make the child custody order non-modifiable. If the court sees through the terms, which it will, the court will still modify the order if it thinks that a child’s best interest requires it.

Is It Helpful To My Child Custody Case If I Am Cooperative With The Other Party?

Cooperation Can Be a Very Important Strategy

Family law courts look to which parent is better able and willing to share frequent and continuing contact with the other parent. The courts also look at which parent makes coparenting difficult with gameplaying, lack of cooperation or retaliation. A secret weapon that many people involved in child custody litigation fail to appreciate is full cooperation. Kill the other side with kindness and practice random acts of kindness. Testimony of this type of conduct contrasted with obstreperous behavior on the part of the other side is very insightful for a divorce court.

Is It Easy To Change A Child Custody Order?

Child Custody Orders—Change of Circumstances

It is never easy to change a child custody order, and it is not supposed to be.  Courts do not want parties to run to court to modify an order every time there is a little change.  We are also often asked about changing or modifying child custody orders. This area is very nuanced and fact specific. This is one of the gray areas of family law.

This is one area that dictates that a client should retain a very experienced child custody lawyer because that experience is more than just helpful in determining whether a change of circumstances exists, how to frame a change if it exists, or how to establish a plan to make the change of circumstances clear in the future. Strategy and seeing the facts for what they are and seeing them as the court will see them is extremely important.  Even if a party retains a lawyer, pays their fees, files an Request for Order (RFO) to modify child custody, serves the other party, performs the necessary discovery, prepares for the hearing, experiences a few continuances, and presents the case to the court, the court will dismiss the case if it finds that a change of circumstances does not exist. That experience is not only costly but far less than positive.

Great care should be given not to file an RFO unless circumstances have clearly changed, and the change is substantial. An unsuccessful RFO can result in being ordered to pay some or all of the other party’s attorneys fees and costs. It is not a situation of ‘no harm no foul’ or ‘it does not hurt to ask.’

If I Lose A Custody Fight, Can I Try Again Later?

Multiple RFOs to Modify a Child Custody Order

Yes, a party can lose child custody litigation and refile the request at a later date. However, it is unwise to request the same relief a second time with the same set of facts. Even if the facts have changed, it is critical that the facts have changed enough to constitute a substantial change in circumstances.  An unsuccessful change of circumstances can result in an order that the moving party pay the responding party’s fees.

Also to be considered, in a second RFO re: MODIFICATION, a court may look to the changes that have occurred since the last RFO not back to the date of the judgment filing date.  For this reason, it is critical not to file to modify child custody until it is clear that there has been a substantial change in circumstances.

Is It Easy To Change A Child Custody Schedule?

Change in Parenting Time

There is a nuanced difference between a change in  child custody and a change in parenting time. A court may change parenting time without a change in circumstances. In other words, a court may change a 50/50 custody order to a 2-2-3 order without a change of circumstances.

That is not to say a court would make that modification, but it could. A court would still use the best interest test to determine whether to make such a change.

When Will A Court Order Supervised Visitation Or A Monitor?

Monitors

When appropriate, visitation can be supervised. Courts have the ability to appoint monitors as a part of child custody orders.  The use of a monitor is considered a temporary solution not a permanent one. Monitors are a consideration when a child’s safety is at risk, which of course is a matter of opinion, the judge’s opinion.

Courts may appoint a relative as a monitor, mutually trusted friend or a professional monitor.  To qualify as a monitor the person must complete the designated training requirements and pass a background test.  Some professional monitors are retired law enforcement officers.  If a professional monitor is appointed, the court will have to determine who will pay the monitor which can be a significant issue.

This is another nuanced gray area issue in the area of child custody, and another area where retaining a very experienced child custody lawyer is critical.

Does The Court Always Order Equal 50 50 Child Custody Orders?

Equal 50 50 Child Custody Orders

Most of the orange county judicial officers essentially start with a question of why the parties shouldn’t have an equal 50 50 child custody order. This position is based on the substantial and credible research that clearly shows that children develop emotionally and interpersonally better if they spend substantial and consistent time with both parents.  However, it is a myth that courts give all parties 50 50 custody orders.  The court will deviate from the 50 50 solution if making a different order is in a child’s best interest.

Common reasons court’s do not make 50 50 orders, relate to issues pertaining to a child’s safety or extremely poor judgment in parenting. This is a substantial change from the previous judicial practice of awarding the mother primary custody that often resulted in an 80 20 time share with the father being awarded alternate weekends and one night in off weeks for dinner or an overnight. Those orders were based on a belief that a child’s development was not adversely impacted if they had the love and support of one parent vs both parents.

The courts placed weight on the potential detriment to a child of the transitions back and forth between households in making these orders.

Do Divorce Courts Expect A Person To Be The Perfect Parent During Child Custody Litigation?

The Imperfect Parent

No parent is “perfect.” In fact, no two judges would agree with the definition of a “perfect” parent. Judges would likely disagree on what constitutes conduct that would quality as “perfect” as it relates to parenting. However, if you are or plan to be involved in a child custody matter, you should use extreme caution to conduct yourself in a manner that is as child-centered as is possible. Making poor parenting decisions or making bad judgment decisions will cast you in a light that will be detrimental to your case. Their significance will be strategically magnified by the other side to the judicial officer hearing your case. These unforced errors can make the difference in winning and losing a child custody trial.

A parent should understand that the world is watching your parenting decisions and conduct if you are involved in a child custody matter. If you are planning to retain a lawyer, spend significant money on that lawyer, and put yourself and your child through this experience, it only makes sense to make a serious attempt to be the perfect parent during this process. Your former spouse will certainly be putting their best foot forward.

For example, rather than taking the girls trip to the desert or playing poker with the guys weekly, spend the time with your children. Rather than following your rigid workout schedule, limit the working out during times when you don’t have custodial time. Limit the use of childcare to the absolute minimum. Attend all children’s appointments, regardless of how insignificant or inconvenient they may be. In other words, be the perfect parent.

Can My Social Media Posts Hurt My Child Custody Case?

Social Media

Social media is not the friend of many parents involved in child custody litigation. What may be a totally innocent event or a funny incident posted on social media, may be spun into a story about very inappropriate conduct for a parent. It is not wise to take down one’s social media postings during a child custody matter (it may be considered destroying evidence) but it is wise to limit or stop your postings  during child custody litigation.

Is It Easy Getting The Court’s Permission To Move?

Move Away– Relocation Cases

In our society, wishing to relocate to another location is not uncommon. Clearly, the fourteenth amendment guarantees a person the right to move. However, it does not guarantee the right to move with one’s child.

It should be understood that relocation with a child impacts the rights of the other parent. While a parent can relocate, taking a child to the new location can be a highly contested issue. Relocation should not occur without the court’s permission. Moving first and asking for permission later, is not a good strategy.  Relocation should not be irrevocably planned before the court has approved  the move. Move away cases can take many months and they should be filed as soon as it is known that the other side will not consent to the move.

The law relative to move aways is very nuanced. The existing time shared and the circumstances surrounding the move are very relevant. The court has very wide discretion relative to allowing or disallowing the move. It is critical to win this issue at the trial level and not anticipate winning on appeal.

Can Speaking Negatively About My Spouse Hurt My Child Custody Case?

Negative Speech About the Other Parent  

Family law courts are very opposed to parents speaking negatively about the other in the presence of a child. There is nothing positive about that conduct and it can be very damaging to one’s case. Courts frequently make orders restraining parties from making these comments. Few things are more detrimental to a child case than speaking detrimentally about the other party in the presence of a child or even allowing the child to be present when a third party is the one making negative comments. Psychologists believe that allowing the children to hear negative comments about a parent is damaging to the self-image and self-confidence of the child.

Can Coaching My Children On What To Say About Child Custody Backfire?

Coaching Children

Some parents speak to their children in a manner, so as to persuade them to parrot the parents objectives to mental health professionals appointed by the court, attorneys appointed by the court to represent a child, or to the court itself.  In high conflict child custody litigation, courts have a number of options as to how to obtain the facts necessary to make a child centered, best interest child custody order.

The court may appoint a mental health professional, referred to as a 730 expert. This expert is appointed pursuant to evidence code section 730 and is the expert of the court not the expert of either party. This professional will interview the parties, the children and significant collateral witnesses like a nanny, teacher, therapist, or other individuals with significant and important information about the family. After what may take months, the expert will write a detailed report, which may exceed 50 pages, about their findings. The expert’s report may simply be provided to the court or the expert may testify in court as to the contents of the report.  The reports often contain very sensitive information and as a result, whereas the clients may read the report in the lawyer’s office, the clients may not be given a copy of the report.

The court may also appoint an attorney to represent a child or even an attorney to represent each child individually. The statute providing for this procedure directs the attorney to render an opinion as to the child’s preference as to who the child wishes to live with. The use of these lawyers has expanded beyond the statute to allow these lawyers to express a wide range of opinions and make other statements.

Lastly, a court may interview a child in chambers to learn more information as to the child’s perspective of the events and preferences. This method is the fastest way for a court to obtain the needed information. Many courts are comfortable conducting these interviews and many are not. The interviews take place in the judges chambers, the parents and the lawyers are not present but a court reporter does record the comments. One of the things judges look for in these interviews is whether the parents had coached the children. If the court detects coaching, that fact is seen as a serious negative event on the child custody scorecard.

How Do Family Law Judges View Parents Who Don’t Share Custodial Time?

Withholding Children From Other Parent

The statute focuses, in part, on which parent is better able to share custodial rights. Interfering with the custodial rights of the other parent is seen as very negative conduct. Even without a court order, it is bad practice to withhold a child from the other parent. Any conduct that demonstrates interference with the other parents ability to reasonably spend custodial time with a child will be highlighted in any child custody litigation and will be seen as a negative on the child custody score card.

Parents who wish to prevail should want to be seen as the parent who effectively coparents, makes reasonable accommodations for the other parent, is not guilty of interfering with the other parents time, and is not guilty of retaliatory conduct related to visitation and time sharing of the child.

How Do Courts View Parents Who Interfere With The Other Parent’s Custodial Time?

Retaliation and Interference with the Other’s Parent’s Custodial Rights  

Although a divorce can certainly be a highly emotional event and it is not abnormal to want to punish the other side for hurt caused, that temptation must be resisted. If a family law court sees a pattern of retaliation, that punishing conduct may be reflected in the child custody order, much to the detriment of the retaliating party. Courts are looking for mature conduct on the part of parents. Courts uniformly look at this type of conduct as the opposite of child centered and not focused on the best interest of the child. It can be viewed as hating the other parent more than one loves one’s child.

Are Judges Strict Regarding Following Court Orders?

Failure to Follow Court Orders  

Court orders are ‘orders’ not suggestions. The failure to follow a court order may be viewed by a judge as full disrespect for the court, which is not a good thing. Orders need to be followed to the letter. Although it is fair to say that most parents don’t like every part of a child custody order, it is also fair to say that if a parent fails to follow the order, the odds are that they will dislike many more parts of the next child custody order, if a court makes a subsequent order after learning of the failure of that party to comply with the  terms of the first order.

Do Courts Criticize The Parents Who Use The Children As Messengers?

Using the Children to Communicate with the Other Parent  

For a variety of reasons, many parents use their children as messengers with the other parent. This practice is not found to be acceptable to family law judges. There is no good reason to follow this practice. Parents can use text messaging or email if they prefer not to speak to each other. Involving the children, in these communications, unnecessarily burdens them in this period of stress. Courts often direct parents not to discuss any divorce related topics with the children. Involving children in the divorce, speaking to them negatively about their other parent or allowing them to see divorce related letters or documents will result in a black mark on the judge’s child custody score card.

If I Don’t Like A Divorce Court’s Ruling, Can I Appeal It?

Appeals  

Another reason why it is important to retain a child custody lawyer, who is very experienced in this area, is that it is critical to win at trial. Appeals of child custody orders are rarely successful. Appeals can be based on error of law or abuse of discretion. The vast majority of child custody cases deal with discretionary calls and thus are not realistically challengeable on appeal. To win an appeal in a child custody case, one would need to convince the Court of Appeals that  the ruling was arbitrary, absurd and no reasonable person would have ruled the way the court did. This result is extremely rare.

Hire the law firm that Fullerton knows and trusts.

Contact Minyard Morris today to schedule a consultation and learn how we can assist you in achieving the best possible resolution. Call Minyard Morris or send us an inquiry using our online contact form.