Question: Before I became involved in the legal process, I felt that I could do a better job taking care of my children than my wife – no abuse, adultery, or crazy behavior by either of us. But after more than a year of watching the courts and lawyers introduce highly paid outsiders – a guardian ad litem and shrinks – into our case, I am ready to say “uncle” because I just can’t afford it.

I don’t understand where do judges come by putting high-priced “experts” on my payroll -- without justification -- when it costs me $10,000 just to get them up to speed. And, to make matters worse, by the time we get to a trial next year, all of the information they have is going to be dated and stale and probably need updating. In the meantime, four lives are on hold. It looks to me that judges are paid to make decisions, not to pass the buck and put people’s lives on hold when that is the worst thing for the kids. This system is absolutely ridiculous. Is there no rational solution to legitimate disputes?

Answer: First, you must understand that when a litigant makes allegations about why he or she is a better custodian than the other parent, a process begins that your lawyer should have explained to you fully before you pulled that trigger.

Second, because decisions concerning children are important, unless there are good reasons shown to the contrary, the courts will generally require independent information about which parent will be the better custodian – which is exactly what you asked for.

Third, when it comes to delays in getting your case to court, we believe that your beef with the system should be directed to your state legislature that controls the judicial budgets in your state, rather than the judicial system. Despite growing populations and growing caseloads, state legislatures have been notoriously reticent to properly fund the judiciary, a supposed co-equal branch of government, even in good economic times. Believe it or not, it’s not unusual for court systems to receive one percent (1%) or less of the total state budget each year.

This is not only a travesty to an overworked, underfunded judiciary and support staff, but also to taxpayers like you and your wife who see your lives put on hold because of legislative indifference to the problem and needs to properly fund our state court systems.

Until state legislatures decide to move appropriate judicial funding up the ladder of priorities, you and millions like you throughout the country will continue to be caught in court systems that are working at 150% capacity and still not able to keep up with the tens of thousands of additional filings that must be heard. Sooner or later, the infrastructures of our courts will crash under these ever-increasing loads, and our legislators will wonder what happened.

Yes, judges are paid to make decisions, but state legislators are elected and to make sure the courts have the resources necessary to handle the workloads. We suggest you contact your local senator and representatives and ask for funding. Then you and your lawyer should make the decision of whether you are willing to continue on this path or get with your wife and resolve your differences.

SoloFact Go to our useful links section off the FlyingSolo home page to see a .pdf from the ABA on state funding of court systems.