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Can You Win a Custody Battle Without an Attorney?

Can you? Meaning: is it possible? Of course it’s possible.

Likely? That depends.

I had written over 500 words in my first draft of the answer to this question when I realized I could state the answer clearly with fewer words.

Here is one way of analyzing the question. There is generally an embarrassingly obvious and high level of sexual discrimination against fathers in child custody cases. In my experience, this is what I’ve noticed, if the child custody award is an all-or-nothing proposition*:

All things being equal, the mother’s odds of success are higher than those of the father.

If the father is represented by an attorney but the mother is not, the mother’s odds of success are still higher than those of the father.

If the mother has a history of substance abuse but the father does not, the mother’s odds of success are still higher than those of the father IF the mother gets in to treatment and gets favorable progress reports from the treatment provider before trial.

If the mother has a history of child neglect, child abuse, and/or other violence, but the father does not, the mother’s odds of success are still higher than those of the father IF the mother gets in to treatment and gets favorable progress reports from the treatment provider before trial.

If the mother is homeless, but the father is not, the mother’s odds of success are still higher than those of the father IF the mother gets the court to believe she now has decent housing for her and for the child.

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*When a child has two fit and loving parents who live in close enough proximity to make equal physical custody not merely possible or feasible but easily and pragmatically implemented, then the “best parent” is both parents. How could it be otherwise? Children of two fit, loving parents deserve to spend as much time in the care and under the tutelage of both parents, and that means the child custody award must be an equal legal and physical custody award.

Utah Family Law, LC | divorceutah.com | 801-466-9277

(10) Eric Johnson’s answer to Can you win a custody battle without an attorney? – Quora

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