A statement made by Ben Franklin two hundred and fifty years ago is not nearly as true as it once was!

“He (or She) who represents themselves in court has a fool for a client.” – Benjamin Franklin

Today
this statement is entirely untrue as it relates to the family law
system and attorneys practicing Family Law. In fact, the real truth is
found in another famous quotation:

“A fool and his money are soon parted” – Unknown

When
I became involved in the Father’s Rights movement in 1990 there was one
recurring issue that kept surfacing in almost every conversation I had
with hundreds of men. The issue: The value and necessity of family law
attorneys! To understand the dubious nature of a family law attorney you
must first understand how family law proceedings are very different
than other court proceedings.

Family Court conducts itself
differently than other forms of civil and criminal law. In family court,
everything is based on the subjective decision of a judge or mediator.
Such decisions are loosely based on certain guidelines and laws however
there is rarely a firm rule of law requiring the judge to make a certain
decision. Furthermore, such decisions or rulings rarely resolve the
problem since there is often no apparent legal issue being argued.
Wherefore MOST decisions involving custody, visitation and a myriad of
related issues are very SUBJECTIVELY determined.

Most Judges and
many legal experts will tell you that they don’t have the answers to
solving a domestic law problem. They will be quick to point out that
they are not experts when it comes to children, marriage and family.
They are reliant upon other experts, such as child psychologist, medical
doctors, marriage and family counselors, mediators and other trained
individuals. Contrary to popular belief family law judges don’t simply
sit at the bench and wait for individuals to plead their case. They
would much prefer that litigants resolve the issues themselves through
mediation, mandatory settlement conferences, arbitration, attorney
meetings, counseling, guardian ad litem, minor counsel, children’s
advocate, friend of the court, custody evaluator and other conflict
resolution alternatives. ALL of these individuals and services are VERY
SUBJECTIVE and their reports can vary from court to court, person to
person, judge to judge.

It is well known that family law courts
are highly dependent on these services. In fact, in cases involving
custody and visitation issues, mediation is a requirement of law before
the judge can even hear the case. Further, in most states attorneys are
not allowed at these proceedings. It should also be considered that
statistically mediation services are VERY successful and result in out
of court settlement. Well over 90% of all family law cases never make it
to trial. They are routinely settled at a simple hearing, mediation,
arbitration, or by agreement between the parties. And that’s exactly
what the Judges want!

I have been involved in the Father’s Rights movement
for nearly 18 years now. I started Father’s Rights, Inc. in January of
1992 and began offering self-help legal assistance to men who simply did
not have the money to hire an attorney. Many of these men had hired
family law attorneys in the beginning but either ran out of money or
became frustrated with the results and decided to take control and learn
how the system works.

Let me be very clear! A family law attorney
can never be your “knight in shining armor” that defends your personal
honor before the court. They do little more than file paperwork and
negotiate agreements. However, if the negotiations occur at the
courthouse they will charge you court time of $300.00 to $400.00 per
hour. Therefore, any party to a family law action should never solely
rely upon an attorney to resolve disputed issues. You can do that
yourself! Unless you are Bill Gates and have lots and lots of money to
throw away, learn how the family law system works and check out your
other legal options.

As previously discussed, family law attorneys are virtually useless in most family court cases. In fact they can (and often do)
more to hurt your case than help it. Unless you have significant legal
issues such as jurisdiction problems, complicated community property
issues or some other difficult legal issue, avoid attorneys like the
plague. Do not presume that your case will be anymore difficult than
other cases. Further, don’t presume that you will need an attorney
because of angry threats made by the opposing party or because you have
been served with family law legal papers. Again, check out other legal
options. Family law issues are easier to resolve than you might believe.
In fact, many states have now become VERY user/self-help friendly
making is easier to file court actions and represent yourself. Remember,
attorneys are businessmen FIRST, Attorney’s SECOND!

The truth is
unless you take control of your own case and learn how the system works
no attorney or other legal profession can ever help you! A family law
case stays open forever therefore you must commit to learning the steps
you can take to win or, at least, improve your case. Again take the time
to learn the rules of the game before you play. You can be sure your Ex
has!

Finally, Family Law problems affect not only you but your
new wife, parents, grandparents, friends and most significantly your
children! Don’t wait any longer! Don’t wait until it’s too late! Make a
commitment now to change your life and the lives of your concerned
family members.