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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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What type of evidence do I present or what witnesses do I

Customer Question

What type of evidence do I present or what witnesses do I call for a custody trial where I am representing myself?
Submitted: 11 months ago.
Category: Family Law
Expert:  mmdesq replied 11 months ago.

Good Morning,

I will try to best answer your question.

Child custody determinations are supposed to be made based upon the best interest of the child standard. The best interest of the child standard takes the consideration all aspects of a child's life including, their physical, mental, moral and spiritual well-being.

In large part your case the witnesses will depend on specific set of facts you're dealing with. I can share with you the general themes and concerns Moshe does have a making custom decisions and explain which witnesses I think would be best to call.

In my experience there are two types of custody cases. The first type are cases that have physical or mental health safety issues where child to be in physical danger. The second test cases are when both parents are good parents, No issues of drug abuse sexual abuse physical violence or mental health disorders. Instead is a question of who is a better parent. Sometimes cases can be both. The next question is to ask yourself what is the message you were trying to convey to the judge? What specific things do you want him or her to understand after you were done? Then you can go through your list of potential witnesses and identify which ones can testify to support the conclusion you want the judge to reach.

It is important to remember that witnesses have to have seen with their own eyes, heard with their own ears, Felt with their own hands whatever it is they're testifying to. Witnesses are not supposed to fast with somebody else told them. That would be hearsay.

If you also no points that the other party will critique about you and there are witnesses that can refute those points you would want to call them as well. You should discuss the issues with your you wish them to testify about in the general theme that you want to convey to the judge so that you and your witness we'll be on the same page when you testify. In addition you will know in advance with you witness is uncomfortable or will not say what you expect.

If your case is more of a who is a better pair case I think it is important to stress availability of the parent to spend time with children. You could be the best parent in the world but if you work 18 hours a day six days per week you're simply not available to spend time with the child. Hence if you are a parent that has greater availability than the other that is a point I would stress. Finally, if you are the parent who has been primarily kids taking care of the children in the past I would argue that the status quo should remain as this is what children are are you accustomed to.

I hope these ideas are helpful for you and I wish you the best of luck in pursuing custody.

Expert:  mmdesq replied 11 months ago.

Sorry this was sent before I proof read.

Good Morning,

I will try to best answer your question.

Child custody determinations are supposed to be made based upon the best interest of the child standard. The best interest of the child standard takes the consideration all aspects of a child's life including, their physical, mental, moral and spiritual well-being.

In large part your case the witnesses will depend on specific set of facts you're dealing with. I can share with you the general themes and concerns most judges have when making custody decisions and explain which witnesses I think would be best to call.

In my experience there are two types of custody cases. The first type are cases that have physical or mental health safety issues where child maybe in physical danger. The second type of cases are when both parents are good parents and there is no issues of drug abuse sexual abuse physical violence or mental health disorders. Instead it is a question of who is a better parent. Sometimes cases can be both. The next question is to ask yourself what is the message you are trying to convey to the judge? What specific things do you want him or her to understand after you are done? Then you can go through your list of potential witnesses and identify which ones can testify to support the conclusion you want the judge to reach.

It is important to remember that witnesses have to have seen with their own eyes, heard with their own ears, felt with their own hands whatever it is they're testifying to. Witnesses are not supposed to testify about what somebody else told them. That would be hearsay.

If you also know points that the other party will critique about you and there are witnesses that can refute those points you would want to call them as well. You should discuss the issues with you wish to cover with them to testify about iand the general theme that you want to convey to the judge so that you and your witness we'll be on the same page when they testify. In addition you will know in advance whether your witness is uncomfortable or will not say what you expect.

If your case is more of a who is a better parent type case, then I think it is important to stress availability of the parent to spend time with children. You could be the best parent in the world but if you work 18 hours a day six days per week you're simply not available to spend time with the child. Hence if you are a parent that has greater availability than the other that is a point I would stress. Finally, if you are the parent who has been primarily taking care of the children in the past I would argue that the status quo should remain as this is what children are are you accustomed.

I hope these ideas are helpful for you and I wish you the best of luck in pursuing custody.

24 Jul 2016, 7:24 AM