Litigation is often seen as the last resort. However, in cases involving issues that cannot be resolved out of court, such as in a custody case where a parent is incapacitated because of mental illness or substance abuse, litigation becomes a necessity. Rubin & Rosenblum recently secured an appellate victory that serves as an example of why going to court is sometimes the right thing to do.
Gayle R. Rosenblum, Esq. represented a father who was awarded sole custody of the couple’s one child. The mother appealed the Trial Court’s decision. The Appellate Division stressed that it does not like to interfere with the determinations of the Trial Court, and ultimately, the witnesses presented at trial were credible to support the Trial Court’s decision.
This case shows that effective counsel does so much more than highlight text in law books and draft documents in legalese. Paying careful attention to the issues of the case, preparing for trial and effectively presenting the facts to the judge throughout a lengthy trial assisted this family in a favorable outcome.
Ultimately, although litigation is not always the best route to take in divorce proceedings, in this case it was — certainly for the benefit of the parties’ child.
