Legal Question in Family Law in Minnesota

Re: custody

Thank you for your question regarding counseling prior to custody litigation.

Whether counseling will have an effect on the outcome of a custody case depends on the facts of the case. In some cases it can be a great help. It suggests a concern about the child and an ability to obtain services necessary to help the child through a difficult time. The party obtaining counseling may also be cultivating a potentially favorable witness, in the event the issue is later contested.

In some instances, however, counseling may not be helpful to the case. Very young children, for example, might not benefit from counseling, and some judges may question the wisdom of obtaining the service for a young child, or even wonder whether the parent is attempting to "pad" their file.

Sometimes we spend an inordinate amount of time evaluating the consequences of things like this, and lose sight of the real issue: whether the child needs counseling, because of behavioral or emotional issues, and whether the counseling is sought in good faith, with the child's interests in mind. Most judges can tell whether the need for counseling is genuine, and the parent's response is sincere.

I would need additional facts to evaluate the issue, and frankly, there can be more important things than counseling that should be considered when evaluating a custody case.

Contact my office for a free consultation if you have further questions about this matter. 952.285.2944.

Re: custody

Marriage counselling is not relevant, but individual counselling or obtaining counselling for the children can be very important. Each case is different and I would need to speak with you in order to determine the best form of counselling for you and/or your family.