- Was the verdict in the civil case relevant to the custody trial. So it’s time that we shatter the myths . Are there special issues if a gay or lesbian parent is seeking custody or visitation rights? If you're living in a one-bedroom apartment, the judge will want to know where your child will sleep. Here, you'll find parents' top 20 questions about child custody to help you approach a child custody hearing with confidence. Appellate review is very limited in this kind of litigation, as the courts of appeal are unwilling to substitute their judgment of the facts for the trial judge who presided over the proceedings. proudly serving all orange countyCall for free consultation Now, one thing you have to also consider is that the attorney is going to have to use that information when they gather facts and data that are in the evaluation report from an expert and present that information persuasively to a judge at trial. by Amy Montes Child custody Custody mediation Family court and child custody cases Visitation rights in child custody agreements Family law Representing yourself Mediation. How has this custody fight impacted the child? During this second pre-trial meeting, you should briefly go over the essential points and answer any questions that the witness may have. In over 20 years and over 2,500 cases we have learned that people have some really misguided notions and lots of questions about what happens in child custody court.. There may be an opening statement and closing argument, even if brief, from the lawyers. As a divorce mediator, she … Attorney Amy Montes', dedication and experience led to her being named one of 2009's Who's Who in Orange County in Orange County Lawyers Magazine. 9. At both a trial and an evidentiary hearing, both sides are expected to present witnesses and evidence to support each person’s view of the case. If at the end of the client interview you are able to understand why the parties are each willing to endure Your lawyers will do all the talking unless one or both of you don’t have a lawyer. Who do the children turn to when hurt, sick or sad? Posted on March 6th, 2015 1. You and your spouse will be able to sit down and work through many different issues, but sometimes the courts can help when it comes to certain elements. If you and the other parent are unable to settle, your case will go to trial.. A trial (also called an evidentiary hearing) gives you the opportunity to present your argument and evidence to the judicial officer so he or she can issue final orders about parenting time and parental rights and responsibilities. Parents who cannot communicate may have a harder time sharing joint physical or joint legal custody. What's the Difference Between Legal Custody and Physical Custody? They include: How was it collected? Thus, the court may want to know about these issues. He is a drug addict living in a shelter and we have never been married. A judge will inquire into a parent's financial status and financial resources because a court has to ensure that a parent is capable of caring for a child's vital financial needs such as food and shelter. 1. hours of work of parent (s) 2. days of work . My lawyer is closed for the day and I've searched online but am just curious. Checklist of questions whose answers can derail a custody or visitation case. He has an outstanding warrant here in Colorado for leaving while on probation for a DWI. A deposition is the process by which each party conducts an investigation to find out more information about the case and build a strategy for how they will conduct themselves in the case. ©2021 Gregory S. Forman, P.C. The trial judge is given wide discretion in his or her determination. What was the husband/father’s role in prenatal care, birthing classes, and the birth of your child? To get answers to all your questions about divorcing your narcissist ex, including parenting time and parental alienation concerns, please contact us to schedule your free attorney consultation. 714-731-8600 INTRODUCTION Custody battles involve the most emotionally, financially, and physically taxing areas of family law litigation. May 11, 2006 #1 What is the name of your state? More . Child Custody Trials in California: Go In Prepared. Since a trial is a storytelling exercise, the cross-examination divorce attorney will need to devise which questions support their client's side of the story. Thread starter phreakin; Start date May 11, 2006; Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more. Cathy Meyer. To prove chain of custody at trial, law enforcement must be able to identify, at all times in the chain of custody, a particular person who is in control of a piece of evidence. Your client should know their favorite book, bedtime story, bedtime prayer, favorite toy, etc. 4. when children leave home from school and return home . Amy Montes - Irvine Divorce Lawyer. Who has been responsible for school registration? Go for questions that elicit fact based answers. After a trial the aim of the court is to make sure that the best interests of the child has been taken to account. The following are a few sample questions: The ordeal can be long, is inevitably personal, and may even be nerve wrecking. Career Questions. If the court places your child with you, will he spend a lot of time in daycare? After a trial the aim of the court is to make sure that the best interests of the child has been taken to account. 714-731-8600, © 2021 by The Montes Law Firm, APC. THIS STEP & THESE FORMS ARE FOR AFTER CONCILIATION. You’ve heard it said in courtroom TV dramas a hundred times, and it’s true. This way, neither will be surprised once the witness is on the stand, and thus an undermining statement from one party won’t catch the other completely unawares. Of course you know and love your children, but you’ll essentially have to prove that in court; a parent who doesn’t know their child’s age, date of middle school graduation, or what classes their child struggles with doesn’t make for a very convincingly good caregiver. Learn how your comment data is processed. Then back up those questions with verifiable facts. Practice delivery, quiz yourself with a list of prepared questions you think you’ll be asked, and practice a few new questions you aren’t prepared for so you don’t get rattled by a question that catches you off guard. Metadata should also be collected specifying when, where and who collected … Required fields are marked *, Notify me of followup comments via e-mail. Time Past, Present and Future with Children . - Where was the custody suit filed and when did the trial commence? Legal custody refers to the ability to make decisions on behalf of your child, whereas physical custody refers to where the child lives. in Children. 6 Common Questions about Child Custody and Visitation Share PINTEREST Email Print Courtesy Kirby Hamilton/Getty Images Love and Romance. There may be an opening statement and closing argument, even if brief, from the lawyers. What is your child's bedtime ritual each evening? I tried a custody case last month in which I learned a few weeks prior to trial that my client was using marijuana approximately once a month. Before a custody trial begins, you should pretty much know what the other side will raise in support of their request for custody or against your request for custody. See Sample questions to ask when cross-examining witnesses at a Supreme Court trial to find out more about cross-examination. This is called direct examination (just like when your own lawyer questions you, if you have one). The Montes Law Firm, APC provides comprehensive family law representation for individuals throughout Orange County, California, including the communities of Irvine, Santa Ana, Tustin, Anaheim, Costa Mesa, Fullerton, Orange, Seal Beach, Huntington Beach, Villa Park, Yorba Linda, Aliso Viejo, Brea, Buena Park, Cypress and Fountain Valley. In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. If you don't have a lawyer, you can also question your own witnesses. Can you easily take time off from work if your child is sick and needs you? Unfortunately, it’s very difficult to ascertain what a case will cost, any case. 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 can issue a ruling. Does anyone in your home take (controlled) prescription drugs in larger quantities than What had previously seemed a strong case for custody no longer was. Get Help … The following are a few sample questions: Who has been the primary caregiver? Good preparation that includes research is a crucial part of success. Short questions in the form of statements can be vital in … 10. . - how many custody trials were there? He loves you both, and knowing you are hurting each other because of him is very damaging. Our legal team is dedicated to helping individuals achieve new beginnings after divorce and other complicated family law issues. At a trial for the final determination of custody, you and the other parent will each have an opportunity to … 1. 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