How are contested family law cases decided?
A. Much in family law cases is left to the individual discretion of each judge. The way the Court is managed, the time and manner in which cases are set and heard, and most importantly the decisions which are made, are all largely within the judge’s personal discretion. For example, custody of children is to be generally decided based on “the best interest of the child.” What does that mean? It will depend on numerous factors, but will depend primarily on the facts of your case. Therefore, in order for me to give you a valid opinion on this issue, it is necessary for me to consult with you at length about the facts of your particular case. I have to have some basic understanding of the positive and negative aspects of the case in order to give you a legal opinion on this issue. Property division in divorces is to be made “as the Court deems just and right.” How a judge interprets and applies these legal standards or tests in a given case is entirely up to the judge. Applying these guid