By James S. Margulis, Esq.
As the above article sets forth, the harm occurring to children as the result of a divorce may not be as bad as we all thought.
In my fourteen years as a Family Law Practitioner, my experience is that the harm done to children is considerably more dependent on how the parents conduct themselves during the divorce process rather than the divorce itself. The Study above supports this conclusion.
There are so many resources for divorcing parents in today's society and we have learned so much from our prior experience.
However, one way harm is done to children during the divorce process is when one parent utilizes the children to further their own interest. In essence, they put their own interest in front of the children. Unfortunately, I see this occurring way too often. Most often, Judges are keen to this and make rulings that eventually put an end to it – but not before some harm is done. As an attorney, I file prompt motions requesting an independent evaluation (in Colorado, these evaluations are called either a (CFI) Child and Family Investigation or a (PRE) Parental Responsibility Evaluation) to resolve these issues as quickly as possible and protect the children.
Another way children are harmed during the divorce process is when you have an incompetent or inexperienced attorney on one side. The attorney exacerbates the issues rather than working towards the solution. Again, in these types of situations, it is important to take swift action with the Court and put an end to the potential harm to the children.
Yet, if the parents take the high road and work together in the best interest of the children, it will ultimately work out a lot better for the kids than a marriage gone bad.
Please contact the Domestic Team at Feldmann-Nagel, LLC for all of your family law needs.