I wish I could be posting more often. However, I have been embroiled in two different custody actions. It is befuddling how two people who lived with each other for years, conceived a child or children together, seen each other in their underwear, shared the most intimate aspects of their lives, and even made the ultimate gesture of trust by commingling finances, end up professing their ex-partner to be Satan (or at least one of his minions). Suddenly, even the most mundane matters require the expense of an attorney. The injustice is that the children suffer.
Attorney’s can make this better or worse (obviously). Apparently gravity draws many attorneys down to the latter, baser course of conduct. One tactic that I have recently encountered is the slow draw. The attorney keeps pulling one of their cards from their hands and hints at laying it down on the table. They have practiced holding that card hovering just in sight of the other side as long as they can before the opposing counsel gets aggravated and takes the issue to court. The card never drops. This is a tease in slow motion. Oh, they know that ultimately it will come out that the ex-spouse really isn’t Beelzebub planning on cooking their offspring into a tasty stew at the next visit. But, they want to squeeze out every moment of delay.
I suppose this allows them to go back to the client and say, “I did my very best with all these billable hours, but the judge just …..” Why not put that card down and say here is what we’ve got, here is what you’ve got, this is the usual result -lets get this thing going so the child can have some sense of stability.