I know I have just spent almost 2 years saying "settle if you can," but there are very compelling circumstances where going to trial may be the most effective choice.
Custody and parenting issues create compelling circumstances – there is nothing more important in a divorce than the kids.
If one parent is actively preventing the other from seeing the kids, or from having a normal relationship with them, then trial may be necessary to try and protect the children’s relationship with both parents. There is an over-hyped definition of this behavior, Parental alienation syndrome, but the behavior does exist and often requires that a judge make a final determination as to the parameters of the best custody and parenting plan.
Generally, when this is occurring there is no realistic way to fix it short of a change in custody with the non-alienating parent getting the children. This usually means the hiring/appointment of a Guardian ad Litem, as well as a trial, as it is my experience that a parent who is alienating the kids cannot step back from the fight and so winning that fight is the only hope. This is an uphill battle, but these … Keep reading