how to write a statement for a custody lawyer

When a child custody lawyer or divorce attorney is asked to present their opening statement to the court, they need to make sure that the statement includes a range of features, such as a body, an introduction, and a discussion of any disputes and weaknesses that may be present within the case.

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How to write an opening statement for a child custody case?

Fair and Accurate: What you write in your statement must be true, fair and accurate. It should include the wording (either at the start or at the end) ´I [Type in your name] of [Type in your address] make this statement believing the contents to be true and knowing that it will be put before the court and that I may be examined on the contents.´

How do you write a custody letter for a child?

 · This forum is for general information. There is no way I or any other lawyer could reasonably instruct you in just 4,000 words how to conduct a hearing. Generally attorneys waive opening statements in bench trials since the evidence one gets from the witnesses is most important. By the sounds of it you need to focus on what questions you will ...

How to write a submission to the court for custody?

 · Follow the general writing advice: "show, don't tell." Show the court specific facts or instances that illustrate the good character of the person, rather than simply saying the person has a good reputation, or that in your opinion s/he has strong morals. Stay away from vague statements such as "Dad is an actively involved parent."

How do I start a custody case without an attorney?

 · Don't Overlook a Custody Evaluation . A judge might order a custody evaluation in a truly contentious dispute to get to the bottom of things. A trained professional will meet with your child, usually repeatedly, and may visit both parents' homes, as well. It's the professional's job to report back to the court with a custody recommendation.

How do I write a letter of support for custody?

Be specific, and focus on the parent–child relationship. Conclusion (1 paragraph): Clearly restate your support of the parent's custody requests. Reiterate their strengths and commitment to supporting their child's best interests. Closing & signature: Thank the judge for their time and consideration.

What do you write in a custody letter?

Your letter should be well-organized and specific to your situation. It should demonstrate your genuine commitment to being a good co-parent, make a thoughtful argument in favor of your custody arrangement and show that you prioritize your child's best interests.

How do you write a good declaration?

III. Tips for Writing a Winning Declaration.Don't Use the Subjoined Fill-In-The-Blank Declaration Forms. ... Be Thorough. ... Tell a Story. ... Show Rather Than Tell. ... Declarations Should Contain Firsthand Knowledge, Not Secondhand. ... Submit 3rd Party Supporting Declarations. ... Be Concise. ... Gather Lots of Supporting Documents.

How do I write a declaration letter?

Tips to Write a Declaration for Family Court in CA#1: Follow the California Rules of Court [DECLARATIONS HAVE A 10 PAGE LIMIT] ... #2: Use Your Own Words, Write Clearly, and Get to the Point. ... #3: Avoid Inflammatory Language and Don't Bash the Other Party.More items...•

How do I write a statement for family court?

It should contain all of the evidence that you want the court to have about the case and the reasons why you want the judge to make certain orders or directions. A witness statement should be factual and state what was seen, heard or felt by the person writing the statement.

How do you convince a judge in family court?

The key to convincing a judge, even on an emergency motion for child custody, is to have evidence of a parent's bad parenting and to express those concerns from the child's perspective – how do the concerns negatively impact the child.

What is an example of a declaration?

The definition of a declaration is a formal announcement. An example of a declaration is a government's statement about a new law.

How do I start a declaration?

declaration should date and sign at the signature line and write the place where s/he signed the statement. Declarations do not have to be notarized. The witness is swearing the statements are true under the penalty of perjury.

What is a declaration statement?

In its simplest form, a declaration statement might read: "I hereby certify that the information on this invoice is true and correct and the contents and value of this shipment are as stated."

What do you write in a self declaration?

A self-declaration is a statement made by a person declaring that all the statements of facts, figures and circumstances mentioned in a document is true and correct. Unlike an affidavit, a self-declaration does not necessarily require it to be notarized and witnessed, but one may do it if needed.

How do you end a declaration letter?

You should also finish with a polite sentence thanking the reader for their time, and if appropriate to the letter, indicate that you are looking forward to hearing from them soon.

What is a declaration in a court case?

What is a Declaration? It is a written statement you swear under penalty of perjury is the truth. You make this statement if you have direct knowledge about the issues in a court case. What is it for? You usually use Declarations when filing or responding to motions in court.

How to write a custody letter?

Start by introducing yourself and describing briefly the custody option you believe is best. The body of your letter will provide some reasons to back up your belief. If there are any urgent issues that hold key importance, address them first, then follow up with any other facts or circumstances.

Where to file a custody case?

File your letter with the court. After you've signed your letter, take it to the clerk's office for the court where your custody case is being heard.

How to write a letter to a parent?

Begin your letter by introducing yourself and explaining your relationship to the parent and how long you've known her. Then, spend two or three paragraphs explaining why you think she should be awarded custody . Use your final paragraph to summarize the points you've made in the body of your letter.

What to do if the other parent is afraid of you?

For example, if the other parent alleges that the child is afraid of you, or upset at the thought of being with you, you would want to present to the court situations in which the child was happy and relaxed in your company.

What is a character reference letter?

Character reference letters can become essential pieces of evidence in custody cases, so you want to make sure that the information you include is relevant to the matters at issue. For example, if there is no dispute over the parent's sterling work record and reputation, there's no need for you to go on and on about how great she is at her job.

What should be included in a letter of employment?

Gather information or supporting documentation. If you have documents that support your statements, such as check stubs to back up the wages you claim to earn , those should be included with your letter.

What do you want to make sure you have before writing a letter?

You want to make sure you have a basic understanding of the matters at issue in the case before you sit down to write your letter.

What should a letter to the judge say about custody arrangements?

In addition to proving why your custody arrangement is best for your child, your letter should demonstrate to the judge that you're a responsible and competent co-parent. To do this, keep these additional tips in mind:

How to explain custody to a judge?

It's your chance to explain to the judge, in writing, the exact custody arrangements you want and why. To help show why the custody arrangements you're requesting are better for your child than what the other parent wants, you can also attach evidence (exhibits) and explain them in the letter.

What happens when a parent can't agree on custody?

When parents can't agree on custody, a judge (or other court official, such as a magistrate) decides the custody orders. Each parent submits paperwork to the court detailing the arrangements they want, along with evidence to help prove that their proposed arrangement is best for the child.

What is a declaration letter?

A declaration letter is a statement of facts that a parent writes as part of a disputed child custody case. It's formal testimony that a judge considers when evaluating a parent's legal and physical custody requests.

How to start an introduction paragraph for a divorce?

Introduction (1 paragraph): State when you and the other parent married (if divorcing) or when you began your relationship (if unmarried). Add when you separated or decided to divorce. Include your children's names and birth dates. Finish the introduction with a one- or two-sentence summary or bulleted list of the custody arrangements you're requesting.

What should a letter to a co-parent be?

Your letter should be well-organized and specific to your situation . It should demonstrate your genuine commitment to being a good co-parent, make a thoughtful argument in favor of your custody arrangement and show that you prioritize your child's best interests.

How many pages are required for a declaration letter?

For example, California limits declaration letters to 10 pages (not including attachments). However, many judges prefer letters to be no more than five pages. Ask the court clerk or your attorney for guidance on length.

Why do you give opening statements in child custody cases?

Opening statements during child custody cases can even be used to help build a relationship with the judge on the behalf of a client. If a lawyer can humanize his client and make it easier for the judge to see his or her good side, then this could improve their chances of winning the case.

How can a child custody lawyer improve the overall impression of a judge?

By outlining any weaknesses ahead of time , child custody attorneys and divorce lawyers can increase their chances of looking honest, and improve the overall impression that the judge has of their client. At the same time, this process can lessen the impact of weaknesses in the case when an opponent addresses the issues on the other side. Of course, it's important to minimize these sections where possible, as a powerful opening statement can help to build a strong foundation for a client's case.

What is an opening statement in divorce?

Importantly, an opening statement outlines the facts that a divorce attorney or child custody lawyer will be showing with evidence, and is not part of the legal argument. While it's possible to recite facts in a way that slants towards the favor of a specific party, the information that's revealed during an opening statement should be be entirely ...

What is the aim of a child custody trial?

After a trial the aim of the court is to make sure that the best interests of the child has been taken to account. There are many parts to a trial, including direct examination and cross examination. One key component of a child custody trial, and something that a child custody lawyer like Mr Darren M. Shapiro might use is an "opening statement".

Why are child custody cases so complicated?

Often, child custody cases are complicated by their very nature, as they require the court to consider the past behavior of parents, in an effort to decide on the best possible future for a child. An important thing to remember about child custody trials, is that there's no real "winner", when all is said and done.

Do child custody cases involve juries?

Admittedly, since child custody cases in New York do not involve juries, rather they are heard by the assigned judge to a case, usually opening statements are waived. The judge would rather get right to the testimony since opening statements are not evidence. But, sometimes opening statements are done. Opening statements allow child custody lawyer ...

1 attorney answer

You need an attorney. This forum is for general information. There is no way I or any other lawyer could reasonably instruct you in just 4,000 words how to conduct a hearing. Generally attorneys waive opening statements in bench trials since the evidence one gets from the witnesses is most important.

Todd Bruce Kotler

You need an attorney. This forum is for general information. There is no way I or any other lawyer could reasonably instruct you in just 4,000 words how to conduct a hearing. Generally attorneys waive opening statements in bench trials since the evidence one gets from the witnesses is most important.

What to do if you have contested custody?

If you have a friend or relative involved in a contested custody case, s/he may ask you for a character affidavit. You would provide sworn testimony under penalty of perjury about things you have witnessed regarding his/her moral and ethical character. Instead of testifying in court, you would be writing down your testimony and signing it.

What to say in an affidavit?

Make a statement regarding your belief that the person for whom you're writing the affidavit has a good moral and ethical character.

How to make an affidavit more persuasive?

Avoid trying to make the person look like a saint. Nobody's perfect. If you list only positive and glowing traits of your friend, your affidavit won't be very credible. If you know of weaknesses, include those as well. It will make your affidavit more persuasive.

How to prepare an affidavit?

Before you agree to provide an affidavit, learn what facts are at issue in the case that make an affidavit necessary. Make sure you're not being asked to say something that you don't believe or to testify to facts you haven't observed.

What to include in an affidavit?

As you write your affidavit, include specific examples of good character, such as the person’s roles in the community or as a parent. When you’re finished, don’t forget to get your affidavit signed by a notary, and make a copy for your records.

How to write a title for an affidavit?

Title your affidavit. Drop two lines below the caption, and type a title such as " Affidavit of [Your Name]," or simply "Character Affidavit."

What is the heading on an affidavit?

The heading information at the top of the first page of the affidavit is called the "caption." Usually it includes the name of the court, the names of the parties, and the case number.

What to include in a custody case?

If you're beginning a custody suit and acting without an attorney, it's a good idea to include copies of any documentation you gathered to support your arguments when you made your written submission. The judge will review these documents before you get to court.

What is a child custody record?

These records are evidence of continuous contact between you and your child if you don't have custody, or perhaps the lack of regular contact between your child and their other parent if your child is currently living with you.

What is a non-custodial parent?

A non-custodial parent who's trying to get custody can utilize this information in court to prove a continuous and meaningful relationship with the child. A custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's other parent.

What is written submission to court?

All custody proceedings begin with written submissions to the court outlining your position and clearly stating what you're asking the court to order.

What does it mean when your ex doesn't have a close relationship with your child?

Courts tend to take a very dim view of a parent who tries to curtail or impede the child's relationship with the other parent. A lack of regular phone contact (such as only a few times a year, or only on birthdays or holidays) may indicate to the judge that your ex doesn't have a close relationship with the child.

What to include when your child is injured?

Your Child's Records. Consider including your child's report cards and other written documentation from others showing how well they have done while in your care—or vice versa. If your child is repeatedly injured while in their other parent's care, including doctor reports and emergency treatment records.

Do parents have to keep a diary of phone calls?

Both parents should keep a diary of all phone calls made between the child and the parent who does not currently have custody. The log should include when the calls occur, how long they last, and their frequency.

What is the conclusion of a custody request?

Conclusion (1 paragraph): Clearly restate your support of the parent's custody requests. Reiterate their strengths and commitment to supporting their child's best interests.

What happens when a parent can't agree on custody?

When parents can't agree on custody, a judge (or other court official, such as a magistrate) decides the custody orders. Each parent submits paperwork to the court detailing the arrangements they want, along with evidence to prove that their proposed arrangement is best for the child.

How to write an introduction for a parenting letter?

Introduction (1 paragraph): State the name of the parent on whose behalf you're writing, explain how you know them and for how long. Clearly state your overall assessment of the parent's character and parenting, and finish the introduction with a statement in support of the parent's custody requests.

What is a character letter?

Sometimes simply called a character letter, this letter is official legal testimony used as evidence in some child custody cases. Similar to a declaration letter, it's a statement to the judge that supports a parent's requested custody arrangements.

How should parents work together?

Ideally, parents should work together to create their parenting plan, parenting time schedule and child support agreement.

What is the proper form of address for a judge?

The proper form of address for a judge is "To the honorable Judge," followed by their last name.

Why do you need a character reference letter?

You may also need a character reference letter if you have issues that can cause a parent to lose custody, such as a DUI conviction or criminal record.

What is the key to a custody hearing?

Being prepared with documentation is key when heading into a custody hearing. Here is a brief guide on how to organize evidence for your custody case.

How to win custody of a child?

In order to win custody and prove you are the better parent, you should present a lot of convincing evidence.

How can a witness strengthen a case?

It is important to note that all of your potential witnesses may not be able to add to your case. Keep in mind that witness testimonies help the judge determine how legitimate your claims and allegations are in your child custody case.

What are the types of evidence in custody cases?

The Types of Evidence You Should Gather. The most common types of evidence in child custody cases include: 1. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters. 2. Journals. 3. Photographs. 4.

What are the factors that make a court decision about custody?

These factors include: 1. Current Physical Custody Schedule Already in Place.

Can a court hear a voicemail from a child?

If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. Oftentimes, it is not necessary for the court to hear the entire message . You could even anger the court if you play long messages that are irrelevant.

Who can be witnesses in a criminal case?

Your potential witnesses may include your family members, employers, counselors, physicians, teachers, coaches, and record keepers. Make sure you give the information in the list below to your attorney. Alternatively, you and your attorney can work on this list together.