A Judge’s Guide

Managing the Child
Custody Case
You may wonder why this chapter is the first in this book. Why not begin
with a historical overview of child custody decision making? Why not
start with a discussion of the various factors listed in state statutes or case
law that influence judicial decision making in child custody cases? The
judges with whom we spoke when developing the first edition of this guide stated
that one of the biggest challenges in presiding over child custody cases is creating
a court environment conducive to gathering evidence and making thoughtful
decisions. As these judges noted, high conflict custody cases usually make their
way into the courtroom, while other cases involving more amicable parties settle.
In order to render decisions in a child’s best interest, these judges cited facilitation
of a civil and respectful atmosphere in the courtroom as critical in child custody
cases. Such facilitation is often made difficult by the inherent incongruity of
making decisions regarding complex family relationships in an adversarial setting.
In this chapter, we will explore the following:
The Goals of Effective Case Management
Creating an Atmosphere of Civility and Respect
Mediation Parallels and Listening Skills
Body Language
Addressing Bias
Addressing Attorney Behavior
Representing the Parties, Including the Child
Importance of Attorneys for All Parties
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