You have a great case. The law is on your side and you have a great set of facts. Most of all, you’re right. So why did you lose?
People often ask this question once their case is over and it didn’t go their way. The simple answer is, no matter how right you think you are, and no matter how great the attorney did, the Judge has the final say. There is just no way to predict what they are thinking.
According to the Kansas Statute 60-1610, courts are supposed to consider the following factors in deciding your child custody dispute:
(i) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
(vii) evidence of spousal abuse;
(viii) whether a parent is subject to the registration requirements of the Kansas offender registration act, or any similar act in any other state, or under military or federal law;
(ix) whether a parent has been convicted of abuse of a child;
(x) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, or any similar act in any other state, or under military or federal law; and
(xi) whether a parent is residing with an individual who has been convicted of abuse of a child.
Lawyers consider these child custody laws to be “fact driven.” Their application in your case depends on the specific nuances of your situation. A skillful lawyer will help you develop a theme for your child custody litigation. Your lawyer’s presentation in court will highlight the facts that support your theme.
However, once the trial is over the judge must decide the outcome. Trial judges enjoy a wide latitude of discretion in deciding child custody litigation. Unless your judge makes some other legal error, your judge’s decision regarding child custody normally will not be reversed on appeal unless you can show that the judge abused this discretion.
Most judges are highly trained, care deeply about their work, and try to serve children well. However, the best judges would be the first to admit that they are human. They bring their own biases and past experiences to the bench with them. They hate traffic and pay bills. People complain about them all of the time. They have their own families to deal with. They are overworked, underpaid, and have their own problems.
As such, there is no way to predict what they are going to think about your case. Your attorney can tell you the law, can apply your facts to the law, and can let you know how the judge has ruled in similar cases. Bottom line, though, your attorney can at best make educated guesses based on past experiences with this judge and similar cases.
So what can you do? Although a good attorney can’t guarantee victory in court, a bad attorney will surely increase your chances of losing. Your children are worth it. Make sure you get a good attorney.
