Custody Battle

Law differs from jurisdiction to jurisdiction and communities and judges react differently to fault testimony for different reasons. These reasons depend on a number of factors. For example, maybe the community is conservative or maybe there has been a great deal of publicity about a recent child-abuse case. When planning your child custody battle you must consider these minor but important things. Think that even something from the judge’s own life may influence his decision. There are many facts to take into consideration. For example each judge has his own prejudices. These prejudices should be thoroughly researched before making your appearance before the court. Think that while adultery may be grounds for denial of custody in Texas, it won’t impress a judge from downtown Los Angeles.

How to make your case come alive

Why make your case come alive? Because this would impress the judge and will greatly influence his decision. How to do this? It’s fairly simple. Just describe to the judge in graphic detail the conducts and behaviors of the other spouse. Think at it this way…it is not enough to say that Mom is cruel…for a judge this would be only a fact. But by presenting specific evidence showing incidents of his cruelty, you will greatly improve your chances to win the battle. If Mom abuses the children, recount the day and week when Mom grabbed the child by his hear and held him with his nose against the table until he said “please”. Try to describe the scream of the child and the look in Mom’s eyes. Try to describe everything about that fact, even the reaction of the other children who cowered in fear. This will make your testimony come alive. Another thing that will greatly help you is evidence. If you have any kind of evidence, such as photos, movies, tapes, notes, torn clothing, use it to get the judge’s attention.

Remember that fault testimony can backfire

The attorney must be careful and take care that his client does not adopt a petty and vindictive attitude. This kind of attitude can be contagious and one thing a judge dislikes more than a whining client is an attorney who is emotionally involved. The judge is interested in the clear explanation of the facts of the case so try to state facts as clear as you can and back them up with evidence whenever you can. Also avoid being malevolent and spiteful in your presentation. In our example, you know that Mom is adulterous and mean to the children. Because of this you humiliate her or intimidate her. Consider that by doing so you can boost the SYMPATHY of the court and make yourself lose the battle. Always tone down your presentation and prevent a backlash from the court. Try to show the court that you understand the difficulties your wife is going through. Show to the court that you would help her if you could. In your efforts to win the custody battle, make sure you come across as a human being. Remember that people are not impressed with perfectionism and admit your character flaws. With a carefully prepared testimony, it can increase the receptivity of the court by showing that you are genuine.

Always conclude on a positive note

Some advices

Always be prepared for the court to decide against you no matter how strongly you believe you are the better parent and should have custody of the children. Be ready to accept the courts decision and move forward to work with your ex-spouse to raise your children in a way that is best for them. NEVER use a custody battle as a chip to negotiate a better financial settlement. Once the battle has begun, everyone will be scarred including the children, so think long and hard about the consequences of your actions. Always keep the children’s best interest in mind, both long and short term.