Last Custody Trial

Tuesday, November 24, 2009

I've kept a few remnants of my old world, where I was a full-time attorney in a law firm who litigated on a regular basis. But as my new world as an alumni director becomes more and more demanding, my old world has become more and more distant. Especially since I haven't been replacing clients as their cases have finally been resolved.

One of my very last clients is the father of 3 children. He and his ex have been fighting over the kids for 14 years! The youngest child who is 14, has never known anything but litigation between her parents. I've been representing him since 2001.

The thing that distinguishes this case from others is that the ex represents herself. This makes the case extremely challenging and makes everything about three times harder as she doesn't understand issues or confuses things or just won't listen.

We've been to court many times over the years. Four years ago I successfully got him awarded custody of his kids, only to have him return two of them to their mother within the year. But, he hung on to the youngest, his only daughter, with all his strength.

Well, two years ago, the ex filed a motion to get custody of the daughter too. And we went to court this week. It was long and nasty, but in the end, my client will keep his daughter. The other two children will be or are adults now. We were all tired of the litigation and they all swear they won't go back to court. I'm hoping so, as I'm especially tired of their fighting over the children.

Today was a milestone for several reasons. One, I prevailed one more time for my client. But, somewhere along the way, I also determined that my custody trial days are now over. I love litigation, but my life is clearly going somewhere else. And, unless I make a U-turn, there won't be time or room for custody trials. So, I'm going out in a blaze of rulings in my favor. And, it feels good to know that I won't have to wear two hats; at least I won't wear the litigator's hat any more. I'm not sure what I am if I'm not a litigator, but it's probably time to find out.

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