How do I prepare for a family law case?
Mar 25, 2010 · Navigating this process with the other parent and through the court system can be complicated. Many choose to delegate this job to child custody lawyers and/or mediators, but some parents decide to pursue filing on their own, which is known as filing pro se. Pro se is Latin for "on one's own behalf" or "for oneself."
Should I hire a lawyer for child custody?
Feb 29, 2016 · Here are the steps to do this: After meeting with your new client, identify the key psychological/family issues in the case. Examples might include substance abuse, a child with ADHD, and a restrictive gatekeeper. Schedule a follow-up client meeting where child custody concerns will be queried. Ask informed and relevant questions that will help ...
Why do some parents borrow money for an attorney?
Sep 27, 2021 · Assure your kids. Let them know your new partner is not replacing their other parent, but is another adult who cares about them. Allow your kids to have their feelings. Not only did your children not have a say in your divorce, but they also didn’t get a choice about your love life. They need time to adjust.
How can guided counseling help with parent-child relationships?
Jul 26, 2013 · Strategies can be developed to make the process as stress-free as possible. The last step includes the child meeting with the parent and the counselor before the absent parent meets with the child alone. This guided counseling can help to address any issues and reduce the chances of future issues developing. The point is not to stop the absent ...
Common Questions from Clients
- Questions to attorneys are normally phrased along the following lines: 1. Can I refuse to co-operate with the contact provisions set out in my Parenting Plan in the event of my ex-spouse exposing my children to a new partner that I don’t like? 2. Can I refuse to allow my children to have overnight visits at my ex’s home in the event of the new partner also staying over at the h…
The Position of The Law
- In a nutshell, the Law recognizes both you and your ex-spouse as having the right to form new relationships after a divorce without any unnecessary legal interference thereinto. There is essentially very little that a parent can do to stop their ex from having a new relationship and from exposing the children to this new relationship. What must however be borne in mind though is th…
Things to Take Into Account
- Considerations that are relevant to a determination on this issue include among other things – 1. Considerations as to the new partner: their personal circumstances, history and whether or not they pose an actual danger to the children ; 2. Considerations as to the children’s current emotional and psychological situation ; 3. The amount of time the children will spend or have alr…
The Advantages of Mediation
- Disputes concerning the introduction of new partners to the children should ideally be dealt with at mediationrather than through the legal process. Given that among the other numerous advantages of mediation, the mediation process is less likely to destroy delicate family relationships and interactions. Common sense dictates that parents should ideally consider disc…
The Importance of Documentary Evidence
- Often, dissolution cases become a “he said, she said” fight, with two diametrically different versions of the same incidents and lifestyles. The introduction of documentary evidence to support your client’s side of the story is very effective and may swing the case to your client’s side. Such evidence can range from already existing documents to evidence created for trial. Wh…
Steps to Introducing Exhibits
- One of the most difficult tasks for the novice litigator is to properly and efficiently introduce exhibits. There are basic steps that must be followed to introduce these exhibits and to move their admission. Marking an exhibit does not make it part of the record; it must be introduced and accepted by the court to complete the procedure. Like moving around the bases in a ball game, …
Expert Reports
- As mentioned above, expert reports are technically hearsay and should draw at least one objection when counsel attempts to introduce them into evidence. While you may certainly request that the report of a hostile expert not be admitted until after cross-examination, most judges want the document in front of them when the expert testifies. This puts you “behind the e…
Photograph Albums and Videotapes
- Photograph Albums Use of photograph albums is a very persuasive way to establish marital lifestyle and activities of children. Occasionally when there are factual issues of contact or involvement in an activity, photographs will provide the extra piece of evidence to persuade the judicial officer of the validity of your position. It is not necessary for the actual photographer to e…
School Records
- In a custody case involving school-age children, most judges will want to know how the children are doing in school. While technically hearsay the reports will usually be accepted as records kept in the ordinary course of business. Other school records, such as attendance statistics, teachers’ notes, and standardized tests, are definitely hearsay and counsel will have to get them in throug…
Charts
- Charts are those exhibits that either already exist or are created for trial. Unless describing a scene, charts are summaries of voluminous materials and they are subject to special hearsay exception rules. In addition to laying the foundation for the source documents, the person preparing the charts generally must provide opposing counsel with access to that material. In so…
Miscellaneous
- Almost anything can be an exhibit, if it will advance the cause and lead to proof of the case. Beyond the standard tax returns, financial statements, expert reports, photos, and report cards, items can appear in a case that may prove just one small piece of the case. Each piece, or little brick, that can be proven definitively leads to the credibility of the ultimate wall of proof that you …
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