Child Custody - How to Get What You Want From Your Court Hearings
When it comes to family court there is nothing more written about than people who think that the family court legal system is corrupt, antiquated, complicated, or somehow a system that fails the people in it.
Despite these views it is the system you are forced to work with when resolving child custody issues.
But if so many people are so disappointed in the system can you really expect the system to give you what you need? The answer is that you can if you know how the system works and know how to work the system.
I believe that most people who believe the system is broken, corrupt, or feel they have been let down didn't know how to work the system because they didn't know how the system worked.
You see the vast majority of people who represent themselves expect to go into court, tell the judge what a horrible person the ex is.
Then they expect that the judge will agree and trow the book at the ex.
But that isn't how the system works.
The system works on checks and balances.
That is if one person claims another is bad, the other person can respond to those claims.
If all you have is two people who disagree, then how can the judge rule in one person's favor.
They can't rule that way even if one of the parties lies, the fact is that there isn't any proof in this type of situation.
So of course the person who believes they were truthful feels let down.
But what if the court had more to go on? If one party submits written documentation from the other party or a known neutral 3rd party, then the judge can rule on the evidence.
For instance if two parents disagreed about one of them not being allowed visitation.
The parent who is denied visitation could show a receipt from an ATM or convenience store near the other parents home at the time they were suppose to pick up the child.
A judge could reasonably assume that the parent was there (based on the receipt) and rule that they were not allowed visitation.
But without the evidence it is simply an argument with no good outcome.
So to get what you want from your hearings, think about what you want to talk about for you 5 minutes.
Think about the evidence you have and include it with your motion.
This way the judge will be able to read it before hearing your case.
Make a bulleted list of the points in your motion.
Follow up on each point during your hearing.
Do not respond to the ex.
Respond only to the judge when asked to do so.
If the ex steers the conversation away from the motion, feel free to state that you aren't on a topic covered by the motion and that you would like to get back on topic.
Once you understand how the system works you'll find it a lot easier to work the system.
Despite these views it is the system you are forced to work with when resolving child custody issues.
But if so many people are so disappointed in the system can you really expect the system to give you what you need? The answer is that you can if you know how the system works and know how to work the system.
I believe that most people who believe the system is broken, corrupt, or feel they have been let down didn't know how to work the system because they didn't know how the system worked.
You see the vast majority of people who represent themselves expect to go into court, tell the judge what a horrible person the ex is.
Then they expect that the judge will agree and trow the book at the ex.
But that isn't how the system works.
The system works on checks and balances.
That is if one person claims another is bad, the other person can respond to those claims.
If all you have is two people who disagree, then how can the judge rule in one person's favor.
They can't rule that way even if one of the parties lies, the fact is that there isn't any proof in this type of situation.
So of course the person who believes they were truthful feels let down.
But what if the court had more to go on? If one party submits written documentation from the other party or a known neutral 3rd party, then the judge can rule on the evidence.
For instance if two parents disagreed about one of them not being allowed visitation.
The parent who is denied visitation could show a receipt from an ATM or convenience store near the other parents home at the time they were suppose to pick up the child.
A judge could reasonably assume that the parent was there (based on the receipt) and rule that they were not allowed visitation.
But without the evidence it is simply an argument with no good outcome.
So to get what you want from your hearings, think about what you want to talk about for you 5 minutes.
Think about the evidence you have and include it with your motion.
This way the judge will be able to read it before hearing your case.
Make a bulleted list of the points in your motion.
Follow up on each point during your hearing.
Do not respond to the ex.
Respond only to the judge when asked to do so.
If the ex steers the conversation away from the motion, feel free to state that you aren't on a topic covered by the motion and that you would like to get back on topic.
Once you understand how the system works you'll find it a lot easier to work the system.