Litigation: When It's the Only Choice

Proverbs 15:22

Plans fail for lack of counsel, but with many advisers they succeed.

Deciding to invest in a court process is an extremely difficult emotional and financial decision. However, it is sometimes necessary, even if you know it will come at a great cost. Maybe you believe your children are being physically or emotionally abused when they are with the other parent, and you worry for their safety. After attempting peaceful steps to remedy the situation, you may have no other choice but to ask a court to review and hear the case so your children can have a voice in the matter. Maybe your co-parent has a drug or alcohol problem, to the point he/she is putting the children in danger. Again, after attempts to remedy the situation out of court, you may decide a legal remedy is the only way. Unfortunately, in our current society of many people choosing litigation as a first resort instead of last, courts are becoming increasingly skeptical of abuse allegations. All that does is cause the authentic cases to be watered down, and unfair safety measures to be placed upon the falsely accused. It’s a two-edged sword that cuts both ways. This is why choosing the court as a remedy is such a painful decision. Not only does it cost a lot of money, time, and emotion, but there is a chance you won’t be believed or will be accused of making false statements. Neither feels right or fair when you are trying to protect your most precious assets.

There are numerous reasons for filing a court action that make sense and need careful consideration. The optimum word there is “careful.” Proverbs 15:22 tells us that “many advisers” will increase the chances that plans will succeed. This is great wisdom before filing a court motion. The first step is to talk to a family law attorney (not a personal injury or DUI attorney). Here are a few pointers: