You should always begin each question with a distinct qualifier, such as who, what, where, when or how. At a trial for the final determination of custody, you and the Your approach to asking Hiring a custody attorney could mean the difference between winning your custody case and losing your case. You can almost always get free or discounted legal help if your income is limited. Does your child behave any differently when he’s been with one parent or the other? And never ask questions that you don’t already know the answer to. You can use these witnesses to try to establish how hands-on your ex is with your child’s life. Versus character witnesses, it is often wise to think about fact witnesses that might have something important to say. Lawyers spend years in school and at practice refining the art of questioning witnesses. Questioning Teachers, Physicians, Coaches and Other Adults. • The challenge in child custody cases is to get important information to the judge while following all court rules. One of your greatest challenges is gathering witnesses that can be used to your advantage in court to testify how great of a dad you really are. Each witness should understand the importance of testimony in a child custody case and be prepared to testify in a logical, organized manner. Before See Sample questions to ask when cross-examining witnesses at a Supreme Court trial to find out more about cross-examination. For example, they can’t say, “Sally Smith told me that…”. These sample questions are guidelines, nothing more, and every witness and situation is different. When and how often? They’re going to tell you and the court that he’s a perfect parent. Questioning witnesses in open court is not something the average parent excels at, and you might not want to do it on your own. No need to navigate the legal waters alone, Law for Families is here to help! What are the names of your child’s best friends? Simply say "I don't understand your question An expert witness will offer evidence that the child is in need of one of the parents’ attention and care in It cannot be emphasized strongly enough as you read the following categories to fully list examples of past and present, with dates. It is important to think through what your lawyer will ask your spouse well in advance so you cover 1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Michigan on Sep 23, 2020 Q: I want to win my divorce and custody case between me and my wife. In a child custody dispute, both parties have very different claims and interpretations of events and parenting styles. Do you work any overtime? Instead of having a friend or family member testify about your character in a divorce or family law matter , having them tell a story as a fact witness about a … Educate yourself on court rules and procedures before you attempt to represent yourself in custody court. Contrary to what you may think, the court does not prefer to determine who gets custody of a child. Travis earned his J.D. The judge’s job is to establish what sort of custody arrangement is in the best interests of your child, and the answers you get to your questions should directly relate to this issue. any custody case. Primarily, a judge's main concern is the best interests of the child . Witnesses in any case help develop the claims and allegations before the Judge. After the attorney for the plaintiff or petitioner in a child custody case finishes their direct examination, the attorney for the defendant or respondent will be able to cross-examine the witness. Your witnesses should have immediate, firsthand knowledge of anything they testify to, or the judge won’t allow them to answer. In a child custody battle, a judge will ask several questions to determine which child custody arrangement, sole or joint custody, will work best for the children involved. Questions to Ask in a Child Custody Case How do the courts determine who gets custody? Some questions you might ask your ex could focus on who has historically been your child’s primary caregiver. Others questions might try to establish how much time your ex has available to care for your child. 1) How Is Legal Custody Different from Physical Custody? Be clear and brief. At a temporary hearing, a witness is more likely to provide testimony by affidavit, which is a written, sworn statement. You can use them to try to dispute some or all of the answers your ex has given, but his family is almost certainly going to agree with everything he's said, whether it’s true or not. Time Past, Present and Future with Children 1. Questions to Ask a Lawyer About Child Custody Answered All of the questions to ask a lawyer about child custody are crucial to preparing for the custody proceedings. Mentioned ahead are a few child custody-related questions you should ask your divorce attorney to be well-informed. What to Do When it comes to winning custody, you need to make sure that you demonstrate a willingness to work with your ex while also demonstrating that your children would benefit from you having custody. Child custody cases are almost always challenging situations, as it is up to a judge to make nuanced decisions based on each family situation. These questions take on a particular significance when deciding whether to call a child’s therapist as a witness in a custody dispute. There’s an art to eliciting great expert testimony, and you have to know the right questions to ask. Cloudflare Ray ID: 60e9cd62ead1cec8 Expert witnesses can be used in child custody cases to help parties convince the court that they should be granted custody. What size clothing does your child currently wear? What does he want to be when he grows up? Law for Families provides all the legal information that you and your family need. 2 The reasons why your client wants custody is really the theory of your case. When considering the custody of the child, plans for a new school, new home, or new adults in the household may be considered. Use simple language Listen to the answers given and note important ones Treat the witness with respect Ask only one question at a time. Ask teachers which parent typically attends conferences and other school activities. In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. … What time do you leave for work in the morning, and what time do your children go to school? Please enable Cookies and reload the page. He may be contacted at Michael G. Brock, Counseling and Evaluation Services, 2514 Biddle, Wyandotte, 48192; (313) 802 Don’t let yourself lose your temper, even when you know that his mother or brother is blatantly lying. If you do decide to question your ex’s family members, remain polite. If the question is unclear, or ambiguous, you can request that the attorney ask the question another way. Child, you may think, the court that they should be custody. Ex could focus on who has been writing professionally on legal subjects for over 30 years do n't understand question. Rules and procedures before you attempt to represent yourself in court, you... Of the child custody cases to help parties convince the court that ’. These people see your child is called to court to testify in child... Smith told me that… ” COVID-19, many conferences, hearings, and how often these people see your ’... 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