“Why are they always talking about my ex’s visitation, but never about me getting custody?”

Nov 22, 2019

On Behalf of The Law Offices of Joseph H. Nivin, P.C.

My office often gets calls where people ask (not an exact quote), “Every time I go to court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.”

You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children.

There are only two ways that cases can end: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement.

Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live.

Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common in cases where everybody knows who is getting custody for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case.

If you have a custody case, don’t hesitate to call our offices at (347) 642-0376, or to contact us on our website (www.nivinlaw.com), to schedule a free thirty-minute consultation. We look forward to helping you out.