A Tampa television station recently reported on parents seeking to relinquish custody of their children, in order to get them mental health services within Florida’s dependency system. Although fights in Florida family courts between parents are more frequently over who gets custody or more time-sharing, rather than parents relinquishing custody, the Tampa story reflects how far parents are pushed sometimes in trying to provide for their children.
A parent or any person pushed to their limits will sometimes try almost anything, which raises the question – does the normal process in divorce court fights – accusations, attacks, financial and emotional pressure, make sense as a way to handle family disputes, especially involving children.
Although many attorneys and parties in divorce or other family law litigation seek nothing more than to resolve the case reasonably and fairly, the strategy in litigation can often be to pressure the other side from as many angles as possible. It’s viewed as a war – in fact the book The Art of War by Chinese author Sun Tzu is often viewed as a template for litigation, or important reading underlying the approach of good litigator. I recall also a line from a handbook on negotiation, I believe it was a Florida Bar continuing education publication, describing the essential elements of negotiation as something along the lines of communicating to an opponent how you can harm then, and then how you can help them.