Make no mistake about it, you can be successful serving as your own counsel in a child custody, child visitation or child support hearing. However, understanding the custody process is an important key to success.
Arrive at the Courthouse early:
Don't add any more stress to yourself. Know how to get to the courthouse, and what courtroom your in, in advance of your court date. Arrive at the courthouse early so that you are not in a rush. Also, this will allow for additional time if you case has changed courtrooms or if you need to find out what courtroom in which your case will be heard.
What to Expect:
While there are formal rules for speaking in family court, the proceedings is generally less formal than a trial. Often, the judge will take the lead and ask questions, but you still will have to present your material in an organized, concise and professional manner.
What to Bring:
Always assume that the burden of proof is on you to prove your case in any legal matter. As such, be prepared to provide factual records and evidence that supports your claims. The judge often will not accept any verbal statements without proper documentation. You should bring copies of all your financial records, receipts related to raising your child, and logs of the time you spend with your child or children.
Witnesses may also be called upon to support you case, but keep in mind that they must be credible witnesses.
Overlooking the need for evidence is a common mistake made by those who represent themselves. You can never have too much written information to support your case. Err on the side of caution and bring any document that you think may be relevant. You don't necessarily have to present everything to the judge, but you have it just in case.
Most often, the court will require you to fill out a financial statement in advance of your hearing, but this is not a substitute for things like bank records, pay stubs, and income tax returns. Make sure you are organized with this information or you will hurt your chances of being successful.
How to Present Your Case:
1. First and foremost, always be respectful to everyone in the court room, including the other party and his/her attorney, if applicable.
2. Dress professionally. Wear a shirt and tie or formal business attire if you are female.
3. Show your knowledge of the court process and answer questions. If the judge asks a question, answer the question. Don't give some long, drawn-out story that never even answers the question. Give truthful, clear and concise answers.
4. Never argue with the judge.
5. Address the court as "Your Honor."
6. Address all comments to the court directly and do not argue with the other party.
7. Practice your court presentation in advance. You will be asked to summarize your case in the beginning, so be sure to outline the key reasons for why you deserve custody or whatever else you are requesting. You also need to demonstrate a logical flow in your reasoning. Prepare an outline a few days before your hearing. An outline will ensure that you present your argument in an organized fashion and so that you don't forget anything important.
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