Also discusses the cross-examination process. These questions take on a particular significance when deciding whether to call a child’s therapist as a witness in a custody dispute. . If the issue of custody is put before a judge, the judge will render a custody decision based on the “best interests” of the child. Here are some questions that a judge may ask during a child custody hearing: What Is Your Financial Status? The court has never been involved until the mother decided to move our child to Joplin MO (her family lives there) on a whim. They'll ask you questions that they think will: help your case, and; get your sworn evidence heard by the court. 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. 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. As Georgia family law attorneys, the attorneys at Meriwether & Tharp often are asked questions concerning child custody. If you can feel that you’re nervous in the weeks before the deposition, practice giving your answers. Checklist of questions whose answers can derail a custody or visitation case. The following are a few sample questions: Who has been the primary caregiver? These few questions can say a lot when it comes to your child custody case, because the judge wants to determine what is in the best interests of the child. While many of the issues that can derail a South Carolina custody case seem pretty obvious, there are a few things that can derail these cases that aren’t so obvious to folks–especially younger folks–who don’t work within the court system: marijuana use and live-in boyfriends/girlfriends being excellent examples. proudly serving all orange countyCall for free consultation Useful both as an attorney for parents and as a GAL. Usually either attorney will collect the deposition in their office, and depending on circumstances the deposition may even be taped. 714-731-8600, © 2021 by The Montes Law Firm, APC. These emotional responses, which are normal protective parenting responses in most contexts, can create an “evidence” trail that is damaging or fatal in a child custody evaluation or trial. 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. There are 3 key questions parties need to consider in order to ensure electronic evidence is authentic and accepted by courts. Does anyone in your home take (controlled) prescription drugs in larger quantities than Can I Attempt to Appeal My Child Custody Order After the Fact? 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. While going through this process, you’re going to find yourself in a phase of hiring an attorney for your side of the custody battle. - how many custody trials were there? If at the end of the client interview you are able to understand why the parties are each willing to endure A “trial,” on the other hand, is a final hearing where the judge will decide all remaining issues and grant a final divorce. P. phreakin Junior Member. This site uses Akismet to reduce spam. Metadata should also be collected specifying when, where and who collected … This web site is designed for general information only. Career Questions. Below is a list of questions that we are most often asked, along with a brief answer. He has an outstanding warrant here in Colorado for leaving while on probation for a DWI. Expect to field extremely personal questions. The hiring of an attorney is an important decision. 12. Who helps the child study each evening? I estimate anywhere from three to nine months. If you get to the point of trial, what considerations are at play in preparing to question a mental-health professional regarding his evaluation? 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. Who do the children turn to when hurt, sick or sad? This list will give you some insight concerning child custody issues in Georgia. In custody cases, usually the terms "trial" and "evidentiary hearing" mean the same thing since they both typically revolve around deciding custody matters. Thanks!!! Legal custody refers to the ability to make decisions on behalf of your child, whereas physical custody refers to where the child lives. What had previously seemed a strong case for custody no longer was. A successful mediation should resolve every custody issue in your case—unresolved questions will have to be addressed at trial. - Was the verdict in the civil case relevant to the custody trial. Custody Trial Question. Being a single parent can be difficult at times, and the court will want to make sure you’re capable of the job. Anticipate evidentiary objections to your direct examination and research the law so that you may present a solid argument to defeat them. Divorce Relationships Sexuality Teens LGBTQ Friendship By. Call us today: 888-888-0919. What Child Custody Issues Will Be Discussed? A custody trial would not take place in addition to a divorce trial. During this second pre-trial meeting, you should briefly go over the essential points and answer any questions that the witness may have. What's the Difference Between Legal Custody and Physical Custody? custody, or other family law trial and what to expect when you go to court. I know it’s a large … The key to prevailing in a custody case is thorough preparation from the very inception of the case. In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. Get Help … I am getting very nervous concerning this trial. University of Florida; Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. Go for questions that elicit fact based answers. Just what is a deposition? This is called direct examination (just like when your own lawyer questions you, if you have one). Handbook to establish a prima facie custody case case for custody pre-trial and... 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