In Episode 72 of Cases & Cocktails, hosts Bryan and Janice tackle a topic that is often misunderstood in family law: the role attorneys play in protecting children during divorce and custody disputes. While many parents assume that lawyers are directly responsible for advocating for children, this episode clarifies the legal reality—and what that means for families navigating the process.
This conversation is especially valuable for both professionals and parents, as it bridges the gap between legal expectations and real-world family dynamics.
What Do Family Law Attorneys Do? Do Family Law Attorneys Represent the Children?
One of the biggest misconceptions addressed in this episode is the belief that attorneys represent the children in a custody case.
Bryan and Janice explain that:
- Attorneys represent their clients—not the children
- Clients may be a parent, grandparent, or another party involved in the case
- Attorneys advocate for what their client believes is in the child’s best interest
While child-focused outcomes are always a consideration, the attorney’s legal duty is to their client. This distinction is critical for understanding how custody cases are argued and decided.
Who Actually Represents the Child’s Best Interest?
If a case requires someone to independently advocate for the child, the court may appoint:
- Amicus Attorney: Represents the best interest of the child, not the child directly
- Guardian ad Litem: Investigates the child’s circumstances and may provide recommendations to the court
Bryan and Janice emphasize that without one of these appointments, no one in the courtroom is solely representing the child’s independent perspective.
The Reality: Advocacy Through the Parent’s Lens
In most cases, both parents—and their attorneys—are advocating for what they believe is best for the child. However, those perspectives often differ.
This creates a dynamic where:
- Each side presents competing views of what is in the child’s best interest
- The court ultimately determines the outcome
- Attorneys must balance advocacy with practical and ethical considerations
Bryan notes that effective attorneys do more than simply repeat what their client says—they help clients refine their positions to better align with realistic and child-focused outcomes.
The Challenge of Co-Parenting After Conflict
A key theme in the episode is the inherent contradiction in custody cases:
Parents who cannot maintain a relationship are expected to co-parent effectively moving forward.
Bryan and Janice highlight that:
- Divorce often stems from a breakdown in communication or trust
- Despite that, parents must transition into a long-term co-parenting relationship
- This shift requires emotional growth, patience, and guidance
For many families, this is one of the most difficult aspects of the entire process.
Helping Clients Become Better Co-Parents
Rather than focusing solely on litigation, Bryan and Janice emphasize the importance of helping clients become better parents and co-parents.
This includes:
- Encouraging thoughtful, child-centered decision-making
- Reducing emotionally driven or punitive requests
- Promoting realistic and sustainable parenting plans
The hosts explain that strong co-parenting leads to better legal outcomes—and better outcomes for children.
Mandatory Reporting and Child Safety
Another critical topic discussed when asking “what do family law attorneys do” is the legal obligation attorneys have as mandatory reporters.
If an attorney becomes aware of potential abuse or neglect:
- They are legally required to report it
- This applies even in confidential settings like mediation
- Failure to report can carry legal consequences
However, Bryan and Janice also acknowledge that allegations can sometimes be misused in litigation, creating additional challenges for families and courts.
Balancing Advocacy and Ethics
Family law attorneys often walk a fine line between:
- Zealously advocating for their client, and
- Maintaining ethical responsibility toward the child’s well-being
Bryan and Janice explain that the best attorneys:
- Guide clients toward reasonable and constructive outcomes
- Avoid escalating unnecessary conflict
- Focus on long-term family stability rather than short-term wins
Key Takeaway: The Best Way to Protect Children
The episode delivers a clear message:
One of the most effective ways attorneys can protect children is by helping their clients become better parents and co-parents.
Rather than acting as direct representatives of the child, attorneys influence outcomes by shaping how parents approach decisions, communication, and conflict.
Final Thoughts
Episode 72 of Cases & Cocktails offers an honest and insightful look at the realities of family law. Bryan and Janice break down complex legal roles while addressing the emotional and practical challenges families face during custody disputes.
For parents, this episode provides clarity on what to expect from the legal process. For professionals, it reinforces the importance of balancing advocacy with guidance. Ultimately, the conversation underscores a central truth: protecting children in divorce is a shared responsibility—one that extends beyond the courtroom.
Do you need legal help?
What do family law attorneys do? Reach out to the Eggleston Law Firm today to speak with a family law expert and we’ll guide you in any way we can. We will devote every resource to securing your family’s future with legal strategies tailored to your unique circumstances.
