how to beat a lawyer family court

by Kristopher Heidenreich 8 min read

Do I need a lawyer for family court proceedings?

Family court proceedings can often be complex. You may require the assistance of a qualified family lawyer if you need to file a claim with the family court in your area. Your attorney can provide you with legal guidance on the matters and can represent you during meetings and trial proceedings.

Can a family law case be heard in a criminal court?

Some family law disputes may overlap with another area of law. For example, a domestic violence claim can be heard in a family law court and a criminal law court. This is because both areas have laws that apply to the claim, but their proceedings produce separate results.

What happens in Family Court?

Whether there for a divorce hearing or to handle a custody agreement, family court is a charged and emotional situation for everyone involved. It makes sense: in that room, a decision will likely be made that will drastically change the course of your life.

Are You making Family Court stressful?

Family court is stressful enough. Don't make it more so by making one of these mistakes. Whether there for a divorce hearing or to handle a custody agreement, family court is a charged and emotional situation for everyone involved. It makes sense: in that room, a decision will likely be made that will drastically change the course of your life.

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How do you sway a judge in your favor?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•

How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•

How do you survive a custody battle?

15 Custody Battle TipsDo everything you can to settle out of court. ... Dial down the drama. ... If you are going to fight, do it for the right reasons. ... Support your kids. ... Make every decision with the kids in mind. ... Don't move in with someone new right now. ... Stay involved with your kids' lives.

Do judges recognize a narcissist?

Though virtually all judges have dealt with NPD's, many judges may not know the difficult person before their bench in custody court is an NPD, and most judges do not understand the disorder well enough to make effective interventions to curtail the abuses that the NPD perpetrates on everyone in their life, including ...

How do you expose a narcissist in family court?

Getting a narcissist to reveal themselves in court may be as easy as allowing them to talk about what a great parent they are to their children. Let them talk about how they spend time with the children doing homework, taking them to practice, and riding bicycles.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

How do you prove best interest of the child?

How to prove the best interest of the childPrepare a parenting plan. ... Keep track of your parenting time. ... Maintain a journal to show you meet parenting duties. ... Keep a log of child-related expenses. ... Get reliable child care. ... Ask others to testify on your behalf. ... Show that you're willing to work with the other parent.More items...

How can a mother get full custody?

Factors Considered for Granting Full CustodyBest interests of the child: The family court usually determines that it's best for parents to share custody of a child. ... Courtroom demeanor: A judge may determine a parent's fitness for full custody, in part, on the basis of the parent's demeanor in court.More items...•

What to do if you have bad blood with your ex?

If there’s bad blood with an ex, it’s natural to want to vent to someone about him or her, but never, ever let that someone be your kids. “In a family court case, the judge is always the jury,” Maher says. “There is no such thing as a jury trial in family court, and the biggest no-no in family court is one parent badmouthing the other parent. And, if you’re familiar with the Children’s Bill of Rights, the child has a right to not be subjected to that. Judges are not interested in hearing, ‘I was just telling Suzie that Mommy has a new boyfriend so she’d know.’ They don’t want to hear it. I always tell my clients, ‘If you can’t keep the focus on you, then there’s something wrong with you.’”

Is family court stressful?

Family court is stressful enough. Don't make it more so by making one of these mistakes. Whether there for a divorce hearing or to handle a custody agreement, family court is a charged and emotional situation for everyone involved. It makes sense: in that room, a decision will likely be made that will drastically change the course of your life.

How long does it take to win a family court case?

The take their chances, present their case, and get a decision. (The average family court matter takes around 2 years to complete.) But the “winner” could usually have done better if they’d had some guidance and help.

How many people are in family court?

There are roughly 320,000 people in family court in any year. Estimates are that between 64% – 80% of them are self-reps, or self-represented litigants (SRLs). That’s between 204,800 – 256,000 people acting for themselves. And , with varying degrees of success, they’re all getting through the system.

How to tell a story to a judge?

For your written material: Tell your story in a way that makes sense, that reads naturally, and puts the important things the judge needs to know up front and in an easy way to read. Use headings and sub-headings.

How to make it easier for a judge to agree with what you want?

By organizing the way you tell your story, and by keeping it focused and clear, you’re making it easier for the judge to agree with what you want.

How to write a question in 1-2 sentences?

Take 3 sheets of paper and write one of the 3 Ws at the top of each sheet. Write out your answer to each question. Take a deep breath and go back to your first answer and make it shorter and more to the point . Then do this with the other two. Keep going back and making each answer shorter. Leave in only the most important parts until you can answer each question in 1-2 sentences, 3 at the most.

What does it mean to know what your request to the court is about?

Making sure you know what your request to the court is about allows you to answer questions from the judge in a straightforward way. You’ll have a better idea about what makes a “reasonable” compromise. And you’ll have a more reasonable set of expectation about how your matter will end.

What is the first site for family law?

The first site is the wonderful Steps in a Family Law Case by CLEO (Community Legal Education Ontario). This is an interactive flow chart where you can figure out where you are in the process and what to expect next. You get the forms you need, and the Rules that apply, for each step along with a description of what’s going to happen. This applies for Ontario cases.

Where are family law disputes heard?

While there are overarching federal laws and general rules that apply to family courts, most family law disputes are heard in a specific state’s family law court. Therefore, because every state follows different laws and procedures, the way each family law court operates varies by state, and sometimes even by county.

What is family court?

Family court, sometimes referred to as family law court or domestic court, is a branch of the civil law court system. It typically handles matters affecting the family, such as adoption and alimony. Although family courts often share the same building location as other courts, like traffic court or small claims court, ...

What Types of Claims are Heard in Family Court?

As mentioned above, family courts hear claims involving families and family law. Since family law courts are governed by state and local laws, the types of claims they can hear may vary according to their jurisdiction. In general, most family law courts will hear the following types of claims:

Do I Need a Lawyer to Help with Family Court Issues?

If you need to file a claim in family court, then you should contact a qualified family lawyer in your area for assistance.

What are the rights of a child?

Child Custody and Visitation Rights: Child custody and visitation rights include two types of custody: legal and physical. Legal custody means having the right to make important decisions about a child, and physical custody refers to the physical location of where the child lives.

What type of claims does a family court hear?

In general, most family law courts will hear the following types of claims: Marriages and Civil Unions: Similar to family law, rules concerning marriages and civil unions are specific to a state. A family court may intervene when there is an issue with a marriage license, or a dispute regarding a prenuptial or postnuptial agreement.

Who is Jaclyn from LegalMatch?

Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, ...

How long does it take for a family court lawyer to call you?

You need someone who can keep you up to date with your case-related details. At the very least, should they miss your call or answer an email within 24 hours, your family court lawyer should be able to call you immediately.

What is family law?

Family law is a field of legal practice that focuses on family relationship problems, such as adoption, divorce, and custody of children, among others . In family court cases or similar discussions, lawyers practicing family law may represent clients and can also draft essential legal documents, namely court applications or property agreements.

What is the importance of a lawyer?

Providing your lawyer with all the details he or she needs to assist you is crucial. There may be information about certain cases that you feel uncomfortable revealing, but if your attorney knows the full story, you can get the best results.

What happens when you go through custody?

Your feelings will be heightened as you go through a custody case or divorce. You can make decisions that are irrational and if you inquire, your lawyer will tell you this.

Can a personal investigator be involved in a case?

They will bring on additional associates and paralegals occasionally. A personal investigator can get involved if things are really dicey.

Is it cheaper to hire a family court lawyer?

No matter where you go, hiring an family court lawyer won’t be cheap in your pocket, so you also want to know what price point you’re going to be looking at. With a surprise bill for travel or court expenses later, you don’t want to get slapped.

Is every family court lawyer the same?

Not every family court lawyer is the same. To choose the right one for your specific case, you will need to ask each prospective attorney a series of questions. You can ask several of them, but we have narrowed down the best ones.

How to fight a narcissist in court?

If they can trap you in a “lie,” they will. If you are going up against a narcissist in court, it is essential that you start documenting everything now. Keep records, bank statements, invoices, photos and videos. Create calendars and journals to remind yourself of what happened when. Download your text messages and chat logs. Gather as much evidence as you can to show yourself, your lawyer, and the judge what it’s like living with a narcissist.

How to deal with a narcissist when you divorce?

When you are divorcing a narcissist, it is often a good idea to get your children a therapist they can talk to about the process, and about both parents. Find a therapist with experience dealing with narcissism and tell them ahead of time about your partner’s behavior. The therapist can help you and your children address the problems that arise during and after the custody battle.

Why is narcissism so difficult to deal with?

Narcissistic behavior can be especially difficult in court because many narcissists are savvy manipulators, and not many people know exactly how to deal with a narcissist. They often appear calm, suave, put together, and successful. They have decades of experience convincing people that they are right and that you are the crazy one.

What to do when divorced with narcissistic personality disorder?

You and your divorce attorney should be prepared to explain to the judge what narcissistic personality disorder is and how it affects relationships and behaviors. You may need to hire an expert to testify on your behalf about the disorder. Don’t be afraid to use every tool at your disposal.

What to do when you are escaping a narcissistic relationship?

If you are escaping a narcissistic relationship, the key will be to show the court (and your support team) the truth behind the mask. That will likely include testifying about some of your worst moments confronting this extremely high-conflict personality.

Do family lawyers work in a narcissistic relationship?

Most family lawyers encourage couples to mediate or resolve their issues without going to court. But this won’t work in a narcissistic relationship. Narcissists have an all-or-nothing perspective. They will always go for the “win” even on issues that aren’t important to them.

Do narcissists argue?

Narcissists love to argue and get you to acknowledge that they are right. You will never win an argument with a narcissist. Fighting will only give them fuel for their claims that you are emotionally unstable. Cut the narcissist off. Unless you need to communicate about shared children, do not engage with them at all.

How to win a custody battle with a narcissist?

Once you settle on an attorney, the two of you will sit down together, identify the outcome you want, and develop a plan for building your case and presenting it to the court.

Why is it important to fight a narcissist for custody?

A custody battle with a narcissist is an emergency because if the other parent is truly unwell, then losing custody to them could have a disastrous impact on your children’s development and wellbeing.

What is the battle between a narcissist and a parent?

Fighting a custody battle with a narcissist is a dangerous turning point in your journey as a parent. You’re likely to be facing lies, personal attacks, emotional manipulation, and a two-faced adversary who will often appear perfectly reasonable to outsiders while being awful to anyone under their power.

What is the ultimate consideration in building your case?

The ultimate consideration in building your case is the wellbeing of your kids. That’s what the court is going to look at. If you’re demanding sole custody and the court doesn’t see that it’s justified, the judge might think you’re in it to punish your spouse rather than protect your kids. This does happen sometimes.

What are the factors that determine custody?

According to FindLaw, these are the most important factors that a court looks at when deciding custody: 1 The financial health and physical ability of each parent to care for the children. 2 The wishes of both parents, and the wishes of the children if they are old enough. 3 The medical and psychologicalhealthh of all parties. 4 The level of hardship that would be imposed upon the children in any scenario. 5 Each parent's willingness to support the children's relationship with the other parent. 6 Warning signs such as criminal history, substance abuse problems, etc.

How to talk to a friend about their fears?

Instead, do a lot of listening. Hear them out. Let them vent their frustrations and fears to you. Learn what their point of view is, and ask what their wishes are. When you do speak, always aim to reassure them of their safety and the fact that they are loved.

Can a court accept a narcissist's custody?

Similarly, a court isn’t going to automatically accept your claim that you are locked in a custody battle with a narcissist. They are going to want to see evidence that the other parent’s behavior is adverse to the children’s interests and development.

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The Judge’S Mindset

Focus on The Child

Welfare Reporters

  • Some welfare reporters can get charmed by the abuser and can approach the victim with the same scepticism the judge does. If you think the judge might order an assessment of you or the child (for example a therapist or a psychologist), then consider researching assessors that you would find appropriate in the circumstances and be prepared to suggest them in court. Some co…
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Charm, Deception & Projection

  • Judges and welfare reporters often don't have a good understanding of how victims and perpetrators present. The narcissistic abuser is a master at presenting as a victim who desperately seeks a relationship with their child and will convincingly portray you, the safe parent, to prevent that relationship. They are highly skilled at projecting their behaviour. A narcissist will …
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Evidence

  • Relevant, high-quality evidence is vital when trying to beat the bias in the family court. The judge won't order changes to contact arrangements because you 'think' the abuser might do something or because the child has disclosed information. You must prove the child is at risk of harm but do so in a sympathetic manner to your ex-partner. Judges pr...
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False Allegations

  • An abuser will often makefalse claims with absolutely nothing to back it up. With good evidence, you can prove where their 'claims' differ from their ‘actions'. The abuser will often claim you prevent contact with the child or claim you abused the child when, in fact, they are the ones guilty of this. Ensure youbehave as the judge expects of you, and the abuser's behaviour will be more a…
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Stress & Fear

  • Mothers with an abusive ex will put their life on hold. You won’t allow yourself to be happy again until the torment is over, and your child is safe from harm, it’s only natural. However, you can be living under immense pressure, stress, and often fear, for many years, and this is extremely harmful to your health and your court case. Stress is the root cause of many illnesses; your bod…
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