The Ins and Outs of Contested Custody Cases
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By Corley Law Firm
Published: November 03, 2006 |
IN: Communicate with your lawyer -- make sure your lawyer knows everything.
OUT: Holding back information because you are afraid of
its impact. Your lawyer should not find out at trial -- tell all up
front.
IN: Fill out all discovery responses within the time
your lawyer (or the rules, if you are representing yourself) sets out. You
can lose the right to put on evidence if you do not.
OUT: Making your lawyer, the judge or the other side
repeatedly ask you for discovery responses. If you do that, you are
opening yourself up for "sanctions" which can run from paying the
other side's attorneys fees to having your pleadings "stricken" --
that is, taken out of the case so you can't proceed on your claims.
IN: Identify what deadlines govern your case, and what
you need to do to assist your lawyer in meeting each deadline.
OUT: Expecting your lawyer to babysit you: Your
lawyer keeps a calendar; so should you.
IN: Dress the part. Come to court looking like
someone whom the judge would appoint as guardian of the judge's own children
-- someone the judge can respect.
OUT: Blue jeans, shorts, T-shirts, bare skin, torn
or dirty clothes. Dress like that, and you might as well resign yourself
to being the weekend parent.
IN: Getting along. Unless the other parent is
abusive, has a drug or alcohol problem, or gambles, it is likely, in
Missouri, that the judge will want to make the two of you at least joint legal
custodians. So demonstrate that you can get along.
OUT: Being difficult or petty -- again, unless there
is abuse, substance abuse, gambling or the like, if you are difficult or
petty, the judge will think long and hard before making you a joint legal
custodian if the case is tried.
IN: Taking an active role in your child's life. Change
diapers, go to Parent/Teacher conferences, know your child's friends and the
friends' parents. This will help make you a better parent as well as
increasing the role that a judge is likely to give you in your child's life.
OUT: Leaving it up to the other parent. If you
let the other parent make and take the child to doctor's appointments, Scouting,
dance class and the like, the other parent is a shoo-in for being the principal
residential custodian.
IN: Be willing to consider a settlement. Again,
if the case is tried, the judge is going to ask "Why isn't this case settled?" If
the lawyers talk about the settlement discussion, they're gong to give the
judge a fairly good idea of who was willing to meet halfway. Is the judge
supposed to judge on that kind of information? Maybe not. Is the judge
human and probably will be thinking that a person who takes intractable positions
isn't likely to make a good co-parent? You betcha.
OUT: Taking intractable positions. It won't
help you co-parent anyway. Again, if the other parent is abusive, or
abuses alcohol or drugs, or gambles, that's another situation. But
in general, taking a position from which there is no potential for
compromise, will hurt you in the long run. Also, if a case can settle,
it should. A contested trial destroys what little chance you have of
meaningful co-parenting.
IN: Get ready whatever your lawyer asks you to get
ready. Copies of receipts, copies of checks, notebooks, logbooks, tax
returns, paystubs, children's gradecards, progress reports -- whatever your
lawyer needs. Get it and get it early, in case the lawyer needs to get a "business
records" copy once the lawyer has identified documents the lawyer needs.
OUT: Expecting your lawyer to prepare everything.
Only you know what your child has done, where your child has been, what groups
or companies have been involved in your child's life, so you need to bring
it all to your lawyer's attention, and let your lawyer have plenty of time
to sort through it so as to be prepared for trial.
IN: Being polite and courteous on the witness stand. The
judge is "judging" you -- your credibility, your demeanor, your sincerity,
your character. The judge wants to see someone who is trying to do what
is right for the children and who respects and honors the other parent, even
if the other parent has made mistakes.
OUT: Self-righteousness on the witness stand. An
arrogant or "I'm better than you" attitude loses points. Let your
lawyer argue that you are the better parent; if you act like it, the judge
will not necessarily think you are -- the judge will just think you are full
of yourself.
IN: Let the kids be kids. Don't talk
about the case, unless they bring it up and then only to assure them that these
are adult issues that the adults will handle. If the children are older,
answer their questions in age-appropriate terms, and NEVER
be hostile or disrespectful about the other parent.
OUT: Disrespecting the other parent to the children,
and involving the children in the battle. In the final analysis, this
will hurt the children, and, if the judge is aware of it, is likely to cost
you the case.
Remember: This is about what is best for the children. Remember what Isaac Beshevits Singer is quoted as telling his publicist, when she cried out that his giving away a story to a not-for-profit magazine rather than selling it was a catastrophe. "Oh no, ma'am," he said. "That is not a catastrophe -- no little children will die from it." Honor the children. In the final analysis, honoring the children will give you the biggest win of all: Their love and appreciation.
-M. Corinne Corley © 2006