What Should I Look for in a Kansas Child Custody Attorney? [Part I]

While most parents consider custody and visitation (otherwise known as “access”) as the most critical issue in a Kansas divorce, the notion of what one should look for in a family law attorney might be different than what one garners from Court TV or televisions portrayals.  Because your relationship with your children may be the most important issue to you as a parent, there may be a tendency to think that a Kansas child custody attorney who fights the most aggressively for a parent is the best option.  While this is not necessarily wrong, it is not necessarily right either.

The question every parent might consider asking in the midst of a divorce involving his or her children is what would be in the best interest of one’s child.  This is a very important question because it is precisely the issue the court considers when structuring child custody and visitation orders in a Kansas custody dispute.  While a successful outcome in a contract or personal injury dispute may be measured by the financial outcome of a case, the measuring stick is different in a paternity action or divorce where parental access is an issue.  While the more earth that is scorched in a civil lawsuit for money damages may equate to victory, this approach can have a devastatingly negative impact in a child custody case.

This means that your considerations when selecting a child custody attorney may be different.  While it is easy to point to traits like experience, compassion, diligence, knowledge and competence, we have provided an overview of some of the other types of issues you might want to weigh when retaining an attorney for your divorce or paternity case in Kansas:

Focus on Your Kids’ Well-Being: While parents naturally want to protect their parent-child relationship as well as their access to their kids during a divorce, they also want their kids to come through the process with as little harm as possible.  There is no question that the divorce process and other types of custody disputes are difficult on children.  The outcome of the case can mean more limited time with either parent as well as major changes that include the child’s residence, neighborhood, school, friends, access to extended family and other transitions.  While you want your child custody attorney to represent your legal interest and protect your parent-child relationship, you may also want to look for an attorney that focuses on reaching this outcome with as little negative impact on your kids as is feasible.

Seek a Sounding Board Not a Mirror: Most people seek acceptable of their ideas and viewpoints, but you should conceive of your divorce attorney’s role as broader than simply agreeing with your short-term goals.  Sometimes parents make decisions or consider strategies that are counter-productive in divorce cases, such as withholding visitation because child support was not paid on time.  The role of your attorney is not only to pursue your interest, but to advise you regarding the likely results of certain tactics.  The full benefit of the attorney-client relationship can only be reached when your attorney is willing to provide candid advice that lays out both the advantages and disadvantages of different approaches to child custody and visitation arrangements.  One key reason that even family law attorneys generally do not handle their personal child custody disputes is that their objectivity is compromised because they are emotionally invested in the outcome.  If experienced Kansas family law attorneys recognize the value of a disinterested opinion, the typical party to a child custody case should also see the value of an objective viewpoint.

While we invite you to also review Part II of this two-part blog post, the best way to learn about your particular situation is to schedule a consultation.  Wichita, KS child custody attorney Thomas C. McDowell has been practicing law for over two decades.  We provide legal representation in both divorce and paternity cases.  Call at 316-269-0746 or send us an email to set up your initial consultation.