No, We Are Not Fighting Over The Kids

In some divorces, parents become engaged in a custody battle.

Many years ago, I learned that custody battles are a losing proposition, especially for the children.

The system is designed to fail.

The system, if you choose to fight in court, provides specific factors that each parent and their attorney will use to build a case against the other parent.

The goal for each parent is to “win” more custody of the child(ren).

The factors that the judge will use to decide which parent “wins” include[i]:

  1. The moral fitness of each parent.
  2. The reasonable preference of the child, as to which parent they would rather spend more time with. (if the court finds the child to be of sufficient maturity to express this preference).
  3. The capacity of each parent to communicate with the other parent regarding issues for the child.
  4. Evidence of any domestic violence.
  5. Evidence that either parent will have a problem maintaining a home that is free from substance abuse.

In my opinion, the number of parents that choose to fight over custody in divorce would be much less if these factors were clearly explained to them at the very beginning of the divorce process.

Collaborative Divorce

At our office, we start off every divorce consultation discussing how we can help resolve the entire divorce without fighting in court.

When we discuss solutions for the family and for the child(ren), we work to create a custom parenting plan for both parents to continue to spend regular quality time with the child(ren) every week.  Collaborative Divorce provides us with the best tools to accomplish this task.

We help the entire family maintain respect, privacy and dignity throughout the divorce process so that they can move forward after the divorce, as a family.

The goal in collaborative divorce is not to win.  Our goal is to help each family through the divorce process in a respectful and private manner.

If you, or a friend of yours, has questions about collaborative divorce in Palm Beach County, we are here to help.


By: Mindful Divorce P.A. [i]


[i] Chad M. Layton is a collaborative divorce attorney at Mindful Divorce, P.A. in Palm Beach County, FL.  Mr. Layton is also a member of the Palm Beach Association of Collaborative Professionals, International Academy of Collaborative Professionals, Florida Bar Family Law Section, and a former member of the Susan B. Greenberg Family Law American Inn of Court of the Palm Beaches and the Palm Beach Flagler Rotary Club.


Mindful Divorce P.A.

205 Worth Ave.

Suite 303

Palm Beach, FL 33480

Phone (561) 537-8227

Office E-Mail:

Office Website:




[i] A complete list of the factors considered by the court to determine child custody in divorce matters can be found at Florida Statute 61.13.

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