Keep your kids out of custody litigation

by Jonathan C. Noble         2 minute read

Keep your kids out of the middle

Every so often I see a parent try to pull their child into a child custody dispute. This is not a good idea. It is hard enough being a kid these days. Asking a young child to choose one parent over the other is often a bad idea. With very limited exception, kids should have ongoing access to both parents whenever possible.

Do not put pressure on your kids by pulling them into a custody battle. Be smart, even if the other parent is not smart. Leave your kids out of the fray.

Sole physical or sole legal custody: not likely

Unless there is compelling evidence under the law to preclude one parent from sharing physical or sharing legal custody of their minor child with the other parent, and both parents want to be in their child’s life, it is unlikely a court will order sole legal or sole physical custody of a child to only one parent. Sharing physical custody does not mean the parents will have equally shared physical custody on a 50/50 basis. No matter how much you may despise the other parent, they too have child custody rights under Pennsylvania child custody law. I have represented convicted felons out on parole in child custody matters. Unless there is a compelling reason under the law why a convicted felon out on parole cannot share custody of their child, a court will likely grant their request for a shared custody arrangement. No two family law cases are exactly alike. The specific facts of your case, and how those facts are presented to the court are two key elements of how your custody case will be decided.

Try to speak respectfully about the other parent. If you can’t speak respectfully about the other parent, then say nothing.

Children are like sponges. They pick up everything adults do and say. Even from an early age, children understand the difference between right and wrong. They understand hypocrisy. When you speak negatively about the other parent in front of the child, it often hurts children in a way they cannot easily ignore or defend. “If you have nothing nice to say, do not say anything”. Your kids will appreciate it, even if they do not say it. Children learn from your behavior. Be smart. Always take the high road. You can’t control the other parent.

If you are considering hiring an attorney in your family law case, search vigorously, select wisely.

Finding the right attorney to represent you in any legal matter can be difficult and time-consuming. I recommend speaking to at least two attorneys before hiring one. If you feel like you need to speak to more than two or three attorneys, keep searching before hiring one. Do NOT feel pressured into hiring an attorney until you are ready. Changing attorneys during a family law case can be expensive and counter-productive. Search vigorously from the start. Select wisely.

I look forward to hearing from you either for a brief phone inquiry or to schedule an in-depth initial consultation. I can be reached at  610 256 4843 or jonathancnobleesq at gmail dot com. I will consider representing individuals in complex family law cases throughout Pennsylvania.

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Pro Tip: Stay Informed In Your Family Law Matter

by Jonathan C. Noble, Esq.          3 minute read

The best case outcomes in many family law matters depend on active, ongoing two-way communication between attorney and client. 

Unlike some other areas of law practice, family law matters depend on open, ongoing, two-way communication between lawyer and client. Divorce and child custody matters are often emotional. Events often take place during family law litigation that could impact the outcome of a case. Unless the client and his or her counsel have an open line of communication, the chances for the best possible outcome can decline.

Jonathan C. Noble, Esq.

Common reasons why some clients are reluctant to keep their counsel abreast of new developments in their family law matter. 

a) Some clients feel like they will be overcharged for sending their lawyer a short email or asking a simple question. If you find yourself in this situation, bring it up to your lawyer without delay.

b) Sometimes a client will think that newly discovered information will hurt their case, so they say nothing and hope it goes unnoticed. This is a big mistake. Let your lawyer decide what is important. If you don’t keep your lawyer informed, you could get blindsided at trial.

c) Some family law clients are simply not in an emotional state to stay on top of the issues involved in a high conflict family law matter. This is common. The best thing to do is seek professional help. Mental health treatment can be a key component to becoming the best person you can be. There is no shame or stigma for reaching out for professional help, especially in times of great stress. Do not wait.

Your family law attorney should be your trusted advocate. Forming a great working relationship can often impact the result in your family law matter. I invite your inquiry. Feel free to contact my office at (610) 256 4843.

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The importance of maintaining good mental health and good physical health during divorce

Take care of yourself. Maintaining good mental health is one key element in being able to think clearly and logically during divorce. Maintaining good physical health, including getting enough exercise, will benefit you during divorce and beyond.

Research confirms that one of the most difficult issues you can face in life is going through a divorce. No two people will have the same exact response to the stress caused by a life changing event.  Your world may be turned upside down during divorce. Emotions may run wild. You are in unfamiliar territory. It is easy to feel out of control. You are not alone. This is common.

Think Logically
Having the ability to think logically will be a great benefit as you manage the stress of divorce.

Your ability to think clearly and logically will be two important assets for you during divorce. Maintaining good mental health may help you think more logically when you are under the tremendous stress that divorce can cause. 

While no two family law cases are exactly alike, there is a very good chance you will be called upon to make many choices during the divorce process. If you are working with a lawyer, he or she will set the legal strategy, do the legal work, explain the divorce process and the law, negotiate on your behalf,  keep you updated,  and answer your questions and concerns. Remember this fact: your lawyer works for you. It’s your case and ultimately, it is your life and future. Your lawyer will help guide you through the divorce process, and zealously advocate your position, within the law and within the rules of professional conduct. The more clearly and logically you can think, the better you will be able to evaluate what is happening around you and then make good choices with input from your lawyer. Thinking clearly and logically is not always easy during stressful and emotional times, but if you take the time to focus on your own well being, it can make the divorce process easier.

There are abundant mental health resources  available for people going through divorce. If you need assistance, be assured, you are not alone and help is available. 

Mental health professionals, support groups, and counselors are available to help you through the process of divorce. Some are trained to deal with divorce related issues. There are also books, webinars, and other media available to help you maintain your perspective and ability to think logically during what can be a very stressful time. It usually makes sense to use all the tools available to you to deal with the stress that can accompany divorce and allow the healing process to begin.

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