As a Minnesota family law attorney, I often feel the bite of what I will call “society’s general dislike of the law and lawyers.” I understand why many people feel that lawyers and the courts are to blame for messy family law situations. It’s easy to blame them. However, I can tell you from being on both sides of a child custody case – as a lawyer and as a child – I know that the laws, courts, and lawyers are not to blame.
In my humble opinion, the blame for messy family law and divorce cases is the people who are directly involved in the divorce, serparation, child support or custody matter. People are often very unhappy when going through a break up of the family. It tears their entire world-view apart. I’ve seen it. It is the emotion of the people involved, and the fighting that often goes on between them, that makes the family law system difficult.
I’m not complaining, but I am pointing out a simple fact that, I believe, is often under-reported and unobserved. Most of the judges and lawyers I know that work in the family law bar are caring, conscientious people who want to resolve conflict – not create them. Sadly, there are always cases where the lawyers can’t solve the conflict to the satisfaction of anyone – especially not the clients. Why? Because people are mad and hurt and upset. Nobody “wins” in these situations. Nobody.
In sum, I’ll leave you with a opinion piece written by a Minnesota attorney in the Star Tribune Newspaper. He does an eloquent job summarizing and arguing exactly what I am trying to get at in this post. Minnesota has introduced legislation that would make a presumptive shared or 50/50 child custody split in many divorce cases. This legislation is seen by many non-lawyers as being helpful and beneficial to children. I have my doubts. One thing I do know is that it won’t make the legal system any less expensive or cumbersome. Rather, I would argue it will make it more cumbersome.
Check out the article and feel free to leave a comment. After all, your opinion is just as valid as anyone’s. I just hope people keep a level head when thinking and talking about these issues.