Monday, October 26, 2009

No Cookie Cutter Cases

This came to me from an e-mail and I thought this person has figured out one thing that eludes a lot of people:

The reality is that each case is going to be unique and there are no "cookie cutter" answers when it comes to relocation.
Substitute "custody" or "divorce" or "child support" or "parenting time" for "relocation" and the truth of the statement remains undiminished.

Family law recognizes the people differ from another makes for a variety of cases.  The statutes provide only a generally outline of the possibilities available to the courts and the parties.  The judge bases a judgment on the evidence and counsel's arguments comes from applying the general rules to the specifics of each.  When the parties think the trial judge has incorrectly applied the law to the facts, there is the option of an appeal.  Even then the law on appeals recognizes the variety of people and cases by using the abuse of discretion standard -  if there is any evidence supporting the judge's decision, then the Court of Appeals upholds the trial judge's decision. (Put most simply, an abuses of discretion occurs when  the trial judge appears to have gone far into left field.)

All this may explain why this blog is not set up for answering specific questions.  The facts determine much and no way does anyone ever give all the facts.  They are a subtle thing these facts.

It may also explain why you cannot find a quick, specific answer to what appears to you to be a simple question.  They do not exist.  What does exist are the facts of your case, the general rules found in the statues and Rules, and the less general rules found in the case law.  You who are looking for specific, simple answers are going about it wrong.  You need to do what us lawyers do:  study the statutes, study the Rules, study the case law, and think of how all this applies - think about the whole range of possibilities.

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