What is the judge going to decide in my family law case? When people call our office and have a family law matter, they are often nervous, scared, and apprehensive. This is normal because family law matters involve the very fabric of someone’s family dynamic and family relationships. As such, during consultations we get a lot of questions about what we think is going to happen. We often tell our clients that it is impossible to predict everything, but that just causes more stress.
One of the reasons that we can’t predict everything, is that once we get to the point of a trial, the decisions are made by a judge. Then of course the next question is, “well what is the judge going to do”. This is something that is not easy to predict and, in this blog, we will talk about why. Like all of our blogs, this is intended for informational purposes only and not intended as a substitute for the advice and counsel of a family law attorney.
Judges are people
No two people are completely a like and the same can be said for judges. Just like everyone has an opinion and everyone has a way to do things, judges are no different. Asking someone how an individual is going to decide something on any given day is unreasonable. Clients usually don’t like to hear that, but it is the truth. We can’t tell you exactly what the judge will do.
Judges have some guidelines that they follow
One thing that usually brings our clients comfort is when we remind them that, generally, judges don’t make their decisions arbitrarily. Judges make careful decisions about the law when listening to relevant facts, which allows for some consistency in certain types of cases. The following are just some of the examples:
- In a child custody trial, the judge would use the best interest of the child standard to decide how physical and legal custody should be decided.
- In a child support trial, the judge would use the North Carolina Child Support Calculator to make decisions with regard to how child support is decided…Please note: There are some child support cases in which the child support calculator is not used.
- In an alimony case, the first step for the judge is deciding if there are sufficient facts to decide if one of the parties is a dependent spouse.
Control as much as you can on your own
The best way to control as much as you can in your case as possible is to try to resolve at least some of the items amicably. Even if everything can’t come to a resolution between the two parties, at the very least you may be able to handle some of the matters through a consent order. This way the parties are not just stuck with living something that the judge decides and that neither of them agree with.
Family law can be extremely complicated and often requires some professional assistance to navigate through. If you are in need of a family law attorney in Charlotte, North Carolina or the surrounding areas, contact us.