What is Family Law?

At first blush this sounds ridiculous. Everyone knows that family law is when parties are in conflict over areas of their family. Custody, divorce, child support are all examples of family law issues. But…let me challenge you a bit in your thinking. I don’t disagree that family law comprises of these areas as well as others. However, family law can be broken down to one simple concept…the process of making decisions.

Think about that. Whenever a family is in dispute over custody isn’t it because the two sides cannot agree on certain decisions about the child like where the child should sleep, live and what activities to be involved with? Whenever child support is in dispute isn’t it because the two sides cannot agree on decisions regarding money? One side thinks it should take more money and the other side thinks it should take less. At the heart of every family law issue is the idea that the decision making process is in dispute.

Each side believes their decision making process is the best, most rational approach. Thus, in theory, if you can get the two sides to make rational decisions then you can resolve the conflict. I bet if you inquire of each side and ask “are you rational” each side will give a resounding yes. Conversely, if you ask if the other side is rational you will hear “no.” So how can you bridge the gap between what two sides believe is rational, but very different, decisions. I submit that the bridge between the two sides is in measuring the issue in conflict. If you could measure and quantify “the best interests of the child” wouldn’t you have a better of defining, analyzing and deciding the “best interests of the child?”

Think about a football game with your favorite team playing. Your team is down by 3 points. The other team has the ball with less than 2 minutes in the 4th quarter. It’s 4th down and 3 yards to go for a first. If the other team gets a first down then they will be effectively be able to run out the clock causing your team to lose. If they are stopped on 4th down the ball goes back to your team and you are immediately in field goal range. The ball is given to the running back who hurls forward. He is met by a wall of humanity as they push and fight back and forth. Eventually the ball carrier is tackled. From your perspective the other team didn’t get the first down. Your buddy who is a fan of the other team swears they did get a first down.

Both sides are seeing what they want to see in this situation. However, once there is a measurement of the decision to run, we see that they in fact got the first down…but just by a hair. Nevertheless, it’s still a first down and your team goes on to lose. The measurement of the decision to run made a difference that neither side could argue about. It was clearly measured. Similarly by measuring the issues in family law we can present objective evidence for rational decision making.

This approach is unique. Not every attorney understands it. Nevertheless, the more we can measure about a case the more rational the decision. Let us help you measure your family law case. Don’t leave your chances to “luck.” Do what you can to minimize your uncertainties and contact the Justice Legal Group at info@JusticeLegalGroup.com or call us at 505-880-8737.