Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon

Do's and Don't regarding Custody:

The following list of “do's and don'ts” is generally taken from one of the key books we recommend regarding custody litigation, “Psychological Experts in Divorce Actions” by Mark Ackerman and Andrew Kane, psychologists from Milwaukee. Their chapter which discusses the “do's and don'ts” of custody litigation states, “A client who is following most of the do's and few or none of the don'ts is in a favorable position to obtain custody; a client who is performing a few of the do's and most of the don'ts is in an uncertain or negative position to obtain custody.”

We found that the list of do's and don'ts suggested in the book were not specific to Oregon case law. Additionally, they were written from a psychologist's viewpoint and not that of a lawyer. For example, Ackerman has a suggestion that overnight visitation should not be allowed for infants (from birth to 12 months) but notes that this position is controversial. We found it simply outside of the mainstream of what many courts would order when faced with the issue -- usually at a temporary hearing. Accordingly, we have adapted the list of do's and don'ts to fit within the perspective of Oregon custody litigation. Remember, in potential custody litigation the goal is to avoid a dispute. We agree with the position taken by Ackerman and Kane that if a client follows most or all of the directives, in contrast to a spouse who follows far fewer, is in a very good position to win a custody battle — if such a battle is necessary. Using a “war-fare analogy,” a difficult concept for many clients to grasp is that it is not the best position to “engage the enemy on their terms.” By this, we mean that just because a spouse does something does not mean it is acceptable to return the favor. We tell all our clients that by remaining above the fray and doing what is right relative to the children is a difficult proposition. However, uniformly it results in favorable results — by either avoiding custody litigation altogether or by having the client in a favorable position to win a custody battle.

Please see the following detailed list of “Do's and Don'ts Within Custody Proceedings.”

***Feibleman and Case P.C. provides the above information as a service to potential and current clients as well as continuing education to other lawyers. A person's accessing the information contained in this web site, is not considered as retaining Feibleman & Case P.C. for any case nor is it considered as providing legal advice. Feibleman and Case P.C. cannot guarantee the outcome of any case.