by John D. Zoller, JD, CDFA
Experienced lawyers hear this question frequently. Why can’t we just let the judge decide? There are many answers to this question that come from frustration. So, we asked a member of the judiciary what their answer to that question would be. Here is the answer:
Unless there is an issue of domestic violence or mental illness, in most cases having the Judge decide should be the last choice. All other methods to find a solution to a problem should be completely exhausted before leaving a decision up to a Judge. The area of family law is relationship based. Especially with cases with children, issues about support and parenting, should be decided by the parents, not a stranger to the family who can only learn a sliver of the family’s story from testimony.
Members of the Judiciary, are your public servants. We believe strongly that the best way to serve the public is by helping parents reach resolution without all the destructive and costly shenanigans that come with a trial. This is best for the children. Also, please consider your time and money: litigation is very time consuming and costly. If you are arguing over a two-year-old child, you could be in litigation from 16 years! Litigation is not good for children or the parental relationship. Please ask yourself why you would want a third-party ever to make decisions about your children, especially when they are decisions you should be making as parents.
This jurist, with over twenty years of experience, believes that litigation in the long term, has consumed the most time, the most money, and done the most harm to parental relationships. Everyone loses, especially the children. As stated above, in most cases it should be the last choice to ever let the Judge/Magistrate decide.
The same is usually true for financial issues.
To learn more about why ‘letting the Judge Decide’ is a really bad idea, contact a member of Zoller|Biacsi now.
Zoller|Biacsi Co LPA