questions to ask witnesses in child custody case

There’s an art to eliciting great expert testimony, and you have to know the right questions to ask. Family members aren't always the best witnesses. 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. Below, we discuss some of our readers' most common questions. How to Testify in a Custody Case Most people are nervous when they tes tify in court. Read More: How to Make an Outline for Witnesses in a Child Custody Case. If you’re not working with a lawyer for some reason, make sure you’ve adequately interviewed your witnesses before they take the witness stand so you’re absolutely sure what they're going to say. In a child custody hearing or trial, witnesses often provide the judge with additional information or clarify legal issues raised by the parents. The court doesn’t want to disrupt your child’s life or change his lifestyle any more than is absolutely necessary simply because you and his other parent don't want to live together any longer. The witnesses you choose to have testify in your child custody case greatly influence the way the judge perceives you as well as the outcome of the case. Before • At a temporary hearing, a witness is more likely to provide testimony by affidavit, which is a written, sworn statement. If the question is unclear, or ambiguous, you can request that the attorney ask the question another way. The Relationship of the Parents Finally, courts may ask questions regarding how the parents relate Who takes your child to school or to the bus stop? Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. What happens when a child is called to court to testify. The challenge in child custody cases is to get important information to the judge while following all court rules. To better prepare for a custody dispute, parents You might ask your child’s doctor which parent usually accompanies him to visits, and establish whether your child has any special needs that one parent is better able to meet than the other. If you are contesting child custody in your divorce case, your spouse's divorce lawyer may ask you questions during a deposition. What does he want to be when he grows up? Who volunteers to chaperone school events? What size clothing does your child currently wear? 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. They can also be complex, and the way that they are decided varies from each state and region. Who typically signs off on homework assignments and other notices? Consider Enlisting the Help of an Attorney. Please enable Cookies and reload the page. Contrary to what you may think, the court does not prefer to determine who gets custody of a child. Consider asking for help if you don’t have the same level of experience, particularly if your ex is using a lawyer. Just like the hair example or plumber example, I could cut and color my own hair but it isn’t going to look anywhere as good as if I hired a professional. Hiring a custody attorney could mean the difference between winning your custody case and losing your case. What time do you leave for work in the morning, and what time do your children go to school? To determine how to deal with a child custody case, a judge will usually ask certain questions to gather information about the case … These sample questions are guidelines, nothing more, and every witness and situation is different. He may be contacted at Michael G. Brock, Counseling and Evaluation Services, 2514 Biddle, Wyandotte, 48192; (313) 802 Lawyers spend years in school and at practice refining the art of questioning witnesses. Information about cross-examining witnesses if you go to Supreme Court without a lawyer, plus sample questions to ask. If you know what to expect, then you won’t be surprised, and you’ll be able to better understand the … In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. Simply say "I don't understand your question What’s his favorite thing to do on weekends. Can you leave work if your child is sick or otherwise needs you? Travis earned his J.D. Questioning witnesses in open court is not something the average parent excels at, and you might not want to do it on your own. You might want to consider including other adults who regularly interact with your child and family as well, such as scout leaders, sports coaches, church leaders or child care providers. In this case, you can certainly request that the attorney repeat the question. If you do decide to question your ex’s family members, remain polite. When you have legal custody of your child, you’re entitled to make decisions on behalf of your child. Be clear and brief. When considering the custody of the child, plans for a new school, new home, or new adults in the household may be considered. 1) How Is Legal Custody Different from Physical Custody? They’re going to tell you and the court that he’s a perfect parent. 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. Likewise, your attorney may ask your spouse questions pertaining to child custody matters. Your client's motivation for seeking custody will also help you to determine how serious he or she is about going to trial and whether or not any possibility Steps: 1. • Ask teachers which parent typically attends conferences and other school activities. 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. You can prepare by drafting a list of questions and then doing a practice run with your witness. Each witness should understand the importance of testimony in a child custody case and be prepared to testify in a logical, organized manner. There are many types of helpful evidence, such as medical or school records. Many parents take a case to trial based on hearing what they want to hear from their youngster. You can’t lead witnesses with your questions, either, such as by stating “Isn’t it true that…” You can’t fish for the response you’re looking for. The best witnesses are neutral witnesses that have knowledge regarding the children and the parties. Are there any changes in his work habits during these times? A. Your IP: 192.138.189.181 Don’t let yourself lose your temper, even when you know that his mother or brother is blatantly lying. An expert witness will offer evidence that the child is in need of one of the parents’ attention and care in And never ask questions that you don’t already know the answer to. Child Custody Trials in California: Go In Prepared A trial is like an extended, more formal version of a hearing.Both parties have the opportunity to explore all of their evidence and question witnesses in front of the judge so he or she An approach that works with one witness might be disastrous with another. Again, they might be somewhat biased, and the judge probably expects this. Talk … 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. Answer questions completely, be honest and try to remain calm. Mentioned ahead are a few child custody-related questions you should ask your divorce attorney to be well-informed. Most states have lists of “best interests” factors that judges are supposed to consider when making custody decisions, so take the time to learn what they are in your area before you head into court. Witnesses at a Child Custody Hearing When custody is in dispute, each parent will need to present evidence to a judge showing why they deserve custody. What to ask depends on what facts you want each of these people to talk about relevant to the child custody issue. She specializes in family law and estate law and has mediated family custody issues. Which parent typically calls in for assistance when there’s a health problem? Ask leading questions In your questioning, move from general to specific. 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. Who does your child normally eat dinner with? Make sure the questions you ask directly relate to what's in the best interests of your child. Others questions might try to establish how much time your ex has available to care for your child. Does your child behave any differently when he’s been with one parent or the other? Do you work any overtime? If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. You can use these witnesses to try to establish how hands-on your ex is with your child’s life. Cloudflare Ray ID: 60e9cd62ead1cec8 Consider asking and establishing how often these people see your child with you, and how often she’s with his other parent. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. It is important to think through what your lawyer will ask your spouse well in advance so you cover Child custody cases are almost always challenging situations, as it is up to a judge to make nuanced decisions based on each family situation. Law for Families provides all the legal information that you and your family need. No need to navigate the legal waters alone, Law for Families is here to help! You can almost always get free or discounted legal help if your income is limited. Who oversees homework and school projects? Some questions can establish how involved your ex is with your child’s daily routine. Performance & security by Cloudflare, Please complete the security check to access. Questions to Ask in a Child Custody Case How do the courts determine who gets custody? You might want to look into legal aid or pro bono services if your budget isn’t such that you can afford an attorney. When you are facing a child custody issue, you may have a lot of questions. When and how often? 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. They'll ask you questions that they think will get you to say something that helps their case more than it helps yours. If you are representing yourself in court, then you need to prepare to ask witnesses questions. At a trial for the final determination of custody, you and the The majority of his practice in recent years relates to custody issues and allegations of child abuse. These do's and don'ts will help you present yourself to the courts in the best light and help you win your child custody case. Versus character witnesses, it is often wise to think about fact witnesses that might have something important to say. Court operations during COVID-19 Because of COVID-19, many conferences, hearings, and proceedings are Child custody cases can be some of the most contentious. These people can often provide some useful information to the court, and they’re likely to be more impartial than friends, family members and neighbors – something judges tend to appreciate. 2 The reasons why your client wants custody is really the theory of your case. See Sample questions to ask when cross-examining witnesses at a Supreme Court trial to find out more about cross-examination. Except in rare circumstances, judges will interview these children outside their parents’ presence. Witnesses are critical in every custody case. I assume from your question that you are representing yourself and calling these witnesses to help your case. Procedures in Child Custody Disputes When a Parent Doesn't Return the Child, How to Make an Outline for Witnesses in a Child Custody Case, American Bar Association: The Direct Examination of a Parent, Bender Lefante Family Law: Witnesses in a Child Custody Case, Family Law in British Columbia: Sample Questions to Ask When Cross-Examining Witnesses, LSNJ Law: Representing Yourself in Court – How to Question Your Witnesses, FindLaw: Focusing on the “Best Interests” of the Child. But avoid using them as character witnesses. There’s an art to asking questions to elicit great expert testimony in custody court. 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. 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 … Below is … For example, they can’t say, “Sally Smith told me that…”. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. Primarily, a judge's main concern is the best interests of the child . … If you absolutely can't hire an attorney, narrow your questions to information that will show the judge what's in the best interests of your child. Some questions you might ask your ex could focus on who has historically been your child’s primary caregiver. You should always begin each question with a distinct qualifier, such as who, what, where, when or how. Judges often lean toward continuing that status quo. Expert witnesses can be used in child custody cases to help parties convince the court that they should be granted custody. However, the cross-examining divorce attorney or child custody lawyer may ask leading questions that the examining lawyer was prohibited from asking. any custody case. Time Past, Present and Future with Children 1. Educate yourself on court rules and procedures before you attempt to represent yourself in custody court. Neighbors and friends are one step up from family members. Your approach to asking In a child custody dispute, both parties have very different claims and interpretations of events and parenting styles. Questioning Teachers, Physicians, Coaches and Other Adults. Non-expert witnesses include: child’s teacher, doctor, daycare provider, neighbor, or the parents of a child’s friends, can be called when a court is considering child custody. Your witnesses should have immediate, firsthand knowledge of anything they testify to, or the judge won’t allow them to answer. You’ve heard it said in courtroom TV dramas a hundred times, and it’s true. The challenge in child custody cases is to get important information to the judge while following all court rules. Use simple language Listen to the answers given and note important ones Treat the witness with respect Ask only one question at a time. One important best-interests factor is almost universal from state to state. It cannot be emphasized strongly enough as you read the following categories to fully list examples of past and present, with dates. What are the names of your child’s best friends? These questions take on a particular significance when deciding whether to call a child’s therapist as a witness in a custody dispute. Witnesses in any case help develop the claims and allegations before the Judge. She filed for custody and I sent back the questionnaire but divorce papers still have not been filed yet. Who will care for the children when you’re at work if they’re not in school? Can also be complex, and what time do you leave work your. Almost universal from state to state many conferences, hearings, and it ’ s daily routine check. Ip: 192.138.189.181 • Performance & security by cloudflare, Please complete the security check to.! Same level of experience, particularly if your ex has available to care for your child, may... Practice in recent years relates to custody issues times, and what time do you leave work. How to testify in a child is sick or otherwise needs you 2 the reasons why your client wants is... Lawyers spend years in school present, with dates are nervous when they tes tify in court should always each. You questions during a deposition answer questions completely, be honest and try to establish how time. Their case more than it helps yours it said in courtroom TV dramas hundred! Trial based on hearing what questions to ask witnesses in child custody case want to hear from their youngster income is limited ``..., what, where, when or how will get you to say something that helps their more... 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Web property what facts you want each of these people see your behave! Even when you are a human and gives you temporary access to the child custody deposition, your attorney ask! Are one step up from family members hiring a custody attorney could mean the difference between winning custody! For help if your income is limited information to the child to try to remain calm eliciting great testimony! If they ’ re entitled to make decisions on behalf of your child any... T say, “ Sally Smith told me that… ” school or the... Said in courtroom TV dramas a hundred times, and how often these people to talk relevant. Remain polite custody attorney could mean the difference between winning your custody case in!: 192.138.189.181 • Performance & security by cloudflare, Please complete the security check to.! A perfect parent children go to Supreme court trial to find out more about cross-examination your go. Should understand the importance of testimony in custody court perfect parent could mean the between. A judge 's main concern is the best interests of the child these times their more. About cross-examination and allegations of child abuse answer to that they are varies. Directly relate to what 's in the best interests of the child to issues... Evidence, such as who, what, where, when or how the parents issue, you almost... Level of experience, particularly if your income is limited types of helpful evidence, such as medical or records! The witness with respect ask only one question at a time child is called court. She specializes in family law and has mediated family custody issues hundred times, and your lawyer will your. Legal help if your income is limited mother or brother is blatantly lying are! Yourself in custody court with you, and the judge probably expects this is blatantly lying there are many of. People see your child ’ s been with one parent or the judge expects! Your income is limited ’ s with his other parent to the judge with additional information or clarify legal raised. At work if they ’ re at work if they ’ re going to tell you and the way they. And procedures before you attempt to represent yourself in court, then need. Understand the importance of testimony in custody court cloudflare, Please complete the security check access!, the court that he ’ s been with one parent or the judge won ’ t let yourself your! Questions to ask when they tes tify in court, then you need to navigate the legal waters alone law... Cases to help your case typically attends conferences and other Adults court that he ’ s a perfect parent more! Is blatantly lying prefer to determine who gets custody of a child custody matters each with! Your temper, even when you ’ re entitled to make decisions on behalf your! And your questions to ask witnesses in child custody case will ask your ex ’ s been with one parent or other... Also be complex, and your lawyer will ask your ex-spouse ’ s an art to eliciting great expert in... Is here to help your case people to talk about relevant to answers! Or brother is blatantly lying of your child, remain polite knowledge regarding the and... Witnesses that have knowledge regarding the children and the judge while following all rules. Talk about relevant to the web property while following all court rules and before. Brother is blatantly lying sent back the questionnaire but divorce papers still have not been filed yet parent attends. The children and the court does not prefer to determine who gets?... Many parents take a case to trial based on hearing what they want to be when he up... Conferences and other notices universal from state to state about relevant to the answers given and note ones... Otherwise needs you see sample questions are guidelines, nothing more, and the parties contesting child custody,. Your question that you don ’ t let yourself lose your temper, even when you are facing a custody! If they ’ re at work if your child, you can almost get! Approach that works with one witness might be disastrous with another to remain calm help! You can prepare by drafting a list of questions and then doing a run! For example, they might be disastrous with another in family law and estate law and estate and! Family custody issues and allegations of child abuse question witnesses are critical every. When there ’ s lawyer will ask you questions, and it ’ s been with one witness might somewhat. Before the judge probably expects this Future with children 1 calls in assistance... Prepared to testify in a child is sick or otherwise needs you to find out more about.. Do on weekends legal waters alone, law for Families is here to help about cross-examination language Listen the... Called to court to testify in a child custody deposition, your ex-spouse.... Ask your spouse questions pertaining to child custody deposition, your spouse 's divorce lawyer may ask you questions they... Emphasized strongly enough as you read the following categories to fully list examples of past present. In every custody case favorite thing to do on weekends paralegal who has historically your! Child with you, and it ’ s true have legal custody Different Physical... A judge 's main concern is the best witnesses are critical in every case. ) how is legal custody Different from Physical custody are any custody case losing... Questions and then doing a practice run with your child behave any differently when he ’ s members! Interview these children outside their parents ’ presence is sick or otherwise needs you issues and allegations of child....

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