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: Sam Hasler's Indiana Divorce & Family Law Blog

Custody - Thanks to Britney Spears and Domestic Diversions

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What does Britney Spears have to do with family law? I realize reading Domestic Diversions' Britney Spears teaching America . . . Divorce and Custody 101? that number 1 is part of the problem I have with a particular case: "Courts, not Divorcing Parents, Ultimately Decide Custody." I cannot get the client to understand that while he thinks he is right, opinion does not sway a judge without also having facts.

I have my vanities but I do know the limits of being a lawyer. The client asked a question about why the mother was presumed to have custody. When told the Indiana General Assembly gave her a presumption of custody, he did not like that. I told him he needed to take that up with the General Assembly. He did not like that and acted like he still thought that the court would/should do something different than what was ordered by the General Assembly. With that mindset I should not have been surprised that he thought the court should give him preliminary custody just because he showed up for the hearing.

Everyone has their role to play. Lawyer get to argue about the facts created by their clients and then the judges get to apply the law to the facts. We get only the cases that our clients create for themselves.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on February 16, 2008 (boomark / email).