Professional and attentive
family law & divorce attorneys
working hard for you.

Motion to settle custody case by sword fight dismissed as absurd

Posted On May 22, 2020 In Child Custody

It goes without saying that child custody disputes can easily become contentious. As many people in Gilbert know, contention can often cause a person to act against their better judgment. Sadly, sometimes those actions result in violence; in other instances, simply saying something that one should not. 

No matter what one’s rash action regarding a custody dispute may lead to, one should understand that the net effect often only hurts their chances of securing a favorable outcome to their custody cases. 

Man’s comments in custody case prompt psychological evaluation 

This is clearly evident in the bizarre case of a Kansas man who sought to resolve his custody case through a “trial by combat.” The man filed a motion to have a sword fight with his ex-wife and her divorce attorney, claiming that the antiquated practice of resolving issues through conflict has never been explicitly banned in the U.S. The judge hearing the petition dismissed it as absurd, yet what is more, he used it (and other comments the man made) as a reason to order him to undergo a psychological evaluation. 

The man subsequently passed the evaluation, claiming that his motion was simply a way to express his anger at his custody agreement. Yet genuine or not, the attention the request garnered certainly had an impact on his custody case (and not necessarily a positive one). 

Acting in one’s own best interest 

It may be easy to understand one reacting to a situation with anger (especially in matters involving their children). Yet it is because of the involvement of their children that they should attempt to avoid any such action. Having the guidance and counsel of an experienced family law attorney during a custody dispute may help one avoid acting against their own best interests.