Child Custody Attorney~In the Trenches

GATHER EVIDENCE TO HELP YOUR CHILD CUSTODY CASE

WIN CHILD CUSTODY: HOW TO HELP YOUR LAWYER HELP YOU

By Attorney Arlaine Rockey

PART 2: GATHER EVIDENCE TO HELP YOUR CUSTODY CASE

There are two main kinds of evidence in a custody case: witnesses and physical evidence. Sometimes there is a temporary custody hearing before there is a permanent custody trial. Most courts require the parties to attend custody mediation because most custody cases can be settled. If there is a mediation scheduled, many courts will stay (stop) all formal discovery by the lawyers. Discovery is the process of finding out the facts about the opposing party and as the opposing party sees them. Discovery is done by your lawyer. Formal discovery is generally either depositions (out-of-court testimony under oath recorded by a court reporter), requests for the opposing party to produce documents and other things, and requests for the opposing party to admit certain specific facts. Informal discovery is the process of asking the opposing party to voluntarily hand over documents and other information.

In addition to obtaining discovery from the opposing party, your lawyer needs to prepare your side of the case. You can help your lawyer in this endeavor, by gathering information about possible witnesses and physical evidence to support your case. Physical evidence is anything you can touch. Your lawyer will determine which witnesses and what physical evidence will actually be presented to the court, but you can help your lawyer by gathering information, including a list of potential witnesses and copies of documents from which to choose. Further, having all this information early in your case will help your lawyer decide what types of discovery to request from the opposing party. You should review the information in your detailed history outlined in Part 1, “How to Prepare for Your Custody Consultation.” It will give you ideas on what further information and documents you can gather for your lawyer and who to put on your potential witness list.

Witnesses

A potential witness is someone who has some information about your case. In custody cases, for the judge to grant custody to one or both parties, the judge will decide what arrangement is in the children’s best interests. Best interests are determined by a multitude of factors, that includes just about everything about or effecting your children. So, there will often be many potential witnesses. You should make a potential witness list for your lawyer with the name, contact information, job, and substance of what each witnesses could and likely will testify.

While family members should be on your witness list, judges generally place more importance on the testimony of witnesses who are not related to you and who have had much interaction with your children. Judges particularly like children’s teachers and therapists. You should list all professionals who have information about your children, yourself, or your co-parent.

Physical Evidence

You should gather and make a list of all the physical evidence that may have anything to do with your children, yourself, or your co-parent, for your lawyer. First, review your history and list out the physical evidence that might help your case or that might be used against you. You should make copies of the physical evidence that you have not already provided to your lawyer. Further, as custody cases may take a long time to resolve, you should make an additional list and gather additional physical evidence that is generated while your case is pending. Here are some types of physical evidence that might be applicable to factors in your case:

School

• All of your children’s school report cards for each year
• All of your children’s attendance records if not on the report cards
• Any important communication (ex/ letters, emails) from the school or teachers regarding your children
• Reading records for any elementary-age children
• For children with special needs, their most recent Individualized Education Plan (“IEP”) or 504 Plan that will show their needs, goals and accommodations
• All school psycho-educational evaluations
• All end of grade test results if not on the report cards
• Any other performance test results
• All awards
• Documentation or photographs showing your children’s participation in any special educational activities (ex/ school plays, sports, band, etc.) (put photos in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)

Extracurricular Activities

• Documentation or photographs showing your children’s participation in any extracurricular activities (ex/ sports, lessons, youth groups) (put photos in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)
• Copies or photographs of all your children’s awards, ribbons, and trophies (put photos in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)

Physical Health Issues

• A list of all physical health problems of the children, yourself or your co-parent along with a list of doctors or hospitals, with contact information, and dates seen by doctors or hospitals
• Copies of your children’s pediatrician records, all specialists’ records, and all hospital records (may be obtained on a disc)
• At your lawyer’s request, you should also sign a release at each doctor and hospital (and provide a copy to your lawyer) so that your lawyer can obtain your children’s and your medical records (even though you provide copies of records to your lawyer, your lawyer will still have to subpoena them directly from the doctor or hospital if your lawyer needs them in court, for which they will need to attach a release or have one on file to abide by HIPAA privacy laws)

Mental Health Issues

• A list of all mental health problems of the children, yourself or your co-parent along with a list of therapists, doctors, or hospitals with contact information, and dates seen by therapists, doctors or hospitals
• At your lawyer’s request, you should also sign a release at each therapist, doctor and hospital (and provide a copy to your lawyer) so that your lawyer can obtain your children’s and your mental health records (even if you provide copies of records to your lawyer, your lawyer will still have to subpoena them directly from the doctor or hospital if your lawyer needs them in court, for which they will need to attach a release or have one on file to abide by HIPAA privacy laws)

Child Protective Services (“CPS”)

• All notices, protection plans, family services plans/agreements, letters and other written documentation in your possession from all CPS agencies

Criminal

• Certified (notarized/sealed) copies of all criminal records for yourself, your co-parent and your children (You may need to go to the criminal clerk’s office in every county where criminal charges were filed to obtain these records)
• Copies of all drug test results done by probation or elsewhere
• A list with all contact information for all probation officers or juvenile delinquency case managers for all ongoing or recent probationary periods for yourself, your co-parent and your children

Domestic Violence

• A certified true copy (with clerks’s seal) of all Domestic Violence Protection Orders/Restraining Orders (“DVPO” or “TRO”) and copies of all Petitions / Complaints for DVPOs/TROs
• Photos of injuries and damage to property (put in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)
• Certified true copies (with stamp or seal from the law enforcement agency) of all law enforcement reports and 911 call logs from all domestic violence incidents
• Copies of any diaries, emails, letters, texts, online posts or other writings that refer to (or contain) the domestic violence incidents, injuries or threats
• A list of all physical or mental health problems due to the domestic violence along with a list of doctors or hospitals seen, with contact information, and dates seen by doctors or hospitals
• Copies of all doctors and hospital records from the doctors and hospitals listed (may be obtained on a disc)
• At your lawyer’s request, you should also sign a release at each doctor and hospital (and provide a copy to your lawyer) so that your lawyer can obtain your medical records (even though you provide copies of records to your lawyer, your lawyer will still have to subpoena them directly from the doctor or hospital if your lawyer needs them in court, for which they will need to attach a release or have one on file to abide by HIPAA privacy laws)
• All things listed under Criminal, CPS, and Mental Health Issues above

Child Physical, Sexual or Emotional Abuse

• All things listed under Criminal, CPS, Physical Health Issues, Mental Health Issues and Domestic Violence above that relate to the child physical or sexual abuse
• All audio or videotapes that pertain to the Child Physical, Sexual or Emotional Abuse (DO NOT MAKE ANY NEW TAPES BEFORE CONSULTING WITH YOUR LAWYER FIRST)
• See my article on my website, “Protecting Your Child from Sexual Abuse”

Drug or Alcohol Abuse

• A list of all drug and alcohol problems of the children, yourself or your co-parent along with a list of therapists, doctors, treatment centers, or hospitals, with contact information, and dates seen by therapists, doctors, treatment centers, or hospitals
• All things listed under Criminal, CPS and Mental Health Issues above that relate to drug or alcohol abuse
• Copies of all treatment records from all therapists, doctors, treatment centers, or hospitals, including drug testing results (may be obtained on a disc)
• At your lawyer’s request, you should also sign a release at each therapist, doctor, treatment center, and hospital (and provide a copy to your lawyer) so that your records (even though you provide copies of records to your lawyer, your lawyer will still have to subpoena them directly from the doctor or hospital if your lawyer needs them in court, for which they will need to attach a release or have one on file to abide by HIPAA privacy laws)

Home, Family & Friends

• Photos of every room in your clean house or apartment, the outside and any play area (put in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)
• Photos of your children with family members and friends showing activities, sports, vacations, & holidays (put in an album, do not write on the photos what they are or the date – just number them in pencil on the back and create an index stating what they are and the dates and who took the photo)

READ PART 1: HOW TO PREPARE FOR YOUR CUSTODY CONSULTATION

By Arlaine Rockey
Attorney at Law
www.ArlaineRockey.com
Cell. 828-279-6735
ARockey@aol.com

Like me on Facebook: http://www.facebook.com/pages/Arlaine-Rockey-Law-Office/154563557975291
Follow me on Twitter @RockeyLaw: http://www.twitter.com/RockeyLaw
Read my Blog: Child Custody Attorney ~ In the Trenches
www.freewebs.com/ArlaineRockey/blogchildcustodyatty.htm

HOW TO PREPARE FOR YOUR CHILD CUSTODY CONSULTATION

WIN CHILD CUSTODY:

HOW TO HELP YOUR LAWYER HELP YOU

By Attorney Arlaine Rockey [1]

PART 1: HOW TO PREPARE FOR YOUR CUSTODY CONSULTATION

Child custody disputes are not pretty. If you and the other parent can agree on a fair child custody agreement, preferably a court order entered by consent rather than just an out-of-court agreement, that is specific as to visitation rights, then do it. It is far better for your children and your peace of mind that you do. Custody disputes that are settled by consent, without fighting about it in court, make for better co-parenting relationships in the future. However, if you are sued for custody or feel that you have to file a custody lawsuit to enforce your custodial or visitation rights, then you will be in a much stronger position if you hire a child custody lawyer – the sooner the better.

The first step in deciding whether and which lawyer to hire, is to have a consultation with one. Child custody consultations are usually not free, but neither are custody cases. Most consultations are for an hour, and often much of the time is spent on the lawyer gathering information about your situation, which is necessary before the lawyer can give you any legal advice.

I have developed a consultation method that seems to be far more productive and frees up more time to discuss strategies and options. First, I read up to 100 pages of information prior to meeting for the consultation. This information includes a detailed chronological history and any current or pending court complaints (petitions), motions, and child custody orders. Secondly, I have found that even with that head start, consultations cannot be sufficiently done in an hour, so I meet up to two hours. I don’t know of other lawyers who read information in advance, but you can ask. If they don’t, it will help your lawyer and free up more time to discuss strategy and legal advice, if you come prepared for the consultation with written information that the lawyer can read, which is far quicker than asking questions and taking notes.

Chronological History

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

• Names of your co-parent and children (and additional siblings and how related and other spouses)

• Dates of birth for yourself, your co-parent and children (and another additional siblings)

• Dates that you and your co-parent lived together, were married, and separated or divorced

• A list of all addresses your children have had for the last five years and the names of the adults who lived with them and what relationship those adults had to the children (ex/ grandparent)

• A list and the names (___ vs. ___ or In re: ____), case numbers and locations (city, county, state) of all lawsuits that involved the children

• A list and summary of all child protective services (“CPS”) investigations or cases involving your children (dates opened and closed, names of CPS office & investigators, reasons for investigation, & outcomes, whether founded/substantiated or unfounded/unsubstantiated)

• A list of any criminal history of yourself and your co-parent (charges with dates of arrests, convictions, and sentences – whether probation or prison)

• A list with dates and locations of all daycares and schools the children have attended

• A list of any physical or mental health problems of yourself, your co-parent and the children (with dates, descriptions, medications, treatments, and school accommodations)

• Any domestic violence involving yourself and/or the co-parent (even with another person) (dates, what happened, where it happened, where were the children, what injuries and treatment, whether police were called, whether charges or a domestic violence protection order were filed)

• A list of any other evidence you may have (ex/ letters, emails, Facebook posts, photos)

• Any physical or sexual abuse of the children (dates, what happened, where it happened, where were the children, what injuries and treatment, whether CPS or police were called, whether charges or a domestic violence protection order were filed)

• Any drug or alcohol abuse by yourself, your co-parent or the children (dates, which substances, what treatment, whether police were called, whether charges were filed, the outcome, whether it is an ongoing problem)

• A chronological history of all of the above

• A summary of what outcome you would like to see in your custody case

Other Documents to Bring to Your Child Custody Consultation

In addition to the chronological history, bring to your consultation copies of: all temporary or permanent custody / visitation court orders (if any), your divorce judgment, your separation agreement, all domestic violence petitions and orders, any pending Complaints (Petitions), Motions, and Counterclaims, and any reports, evaluations and other written documents you think are important (or example: CPS, law enforcement, psychological, medical, developmental). Do not give your lawyer your only copies of documents. Either keep a hard copy or at least a scanned copy of everything. Be organized. It is a good idea to keep a list of the documents you give to your lawyer. You should also bring a list of questions you have for the lawyer and a writing pad. Take notes during the consultation or immediately afterwards.

By Arlaine Rockey

Attorney at Law

www.ArlaineRockey.com

Cell. 828-279-6735

ARockey@aol.com

Like me on Facebook: http://www.facebook.com/pages/Arlaine-Rockey-Law-Office/154563557975291

Follow me on Twitter @RockeyLaw: http://www.twitter.com/RockeyLaw

Read my Blog: Child Custody Attorney ~ In the Trenches

www.freewebs.com/ArlaineRockey/blogchildcustodyatty.htm

PART 1: HOW TO PREPARE FOR YOUR CUSTODY CONSULTATION

Child custody disputes are not pretty. If you and the other parent can agree on a fair child custody agreement, preferably a court order entered by consent rather than just an out-of-court agreement, that is specific as to visitation rights, then do it. It is far better for your children and your peace of mind that you do. Custody disputes that are settled by consent, without fighting about it in court, make for better co-parenting relationships in the future. However, if you are sued for custody or feel that you have to file a custody lawsuit to enforce your custodial or visitation rights, then you will be in a much stronger position if you hire a child custody lawyer – the sooner the better.

PART 1: HOW TO PREPARE FOR YOUR CHILD CUSTODY CONSULTATION

Child custody disputes are not pretty. If you and the other parent can agree on a fair child custody agreement, preferably a court order entered by consent rather than just an out-of-court agreement, that is specific as to visitation rights, then do it. [2] It is far better for your children and your peace of mind that you do. Custody disputes [3] that are settled by consent, without fighting about it in court, make for better co-parenting relationships in the future. However, if you are sued for custody or feel that you have to file a custody lawsuit to enforce your custodial or visitation rights, then you will be in a much stronger position if you hire a child custody lawyer – the sooner the better.

The first step in deciding whether and which lawyer to hire, is to have a consultation with one. Child custody consultations are usually not free, but neither are custody cases. Most consultations are for an hour, and often much of the time is spent on the lawyer gathering information about your situation, which is necessary before the lawyer can give you any legal advice.

I have developed a consultation method that seems to be far more productive and frees up more time to discuss strategies and options. First, I read up to 100 pages of information prior to meeting for the consultation. This information includes a detailed chronological history and any current or pending court complaints (petitions), motions, and child custody orders. Secondly, I have found that even with that head start, consultations cannot be sufficiently done in an hour, so I meet up to two hours. I don’t know of other lawyers who read information in advance, but you can ask. If they don’t, it will help your lawyer and free up more time to discuss strategy and legal advice, if you come prepared for the consultation with written information that the lawyer can read, which is far quicker than asking questions and taking notes.

The first step in deciding whether and which lawyer to hire, is to have a consultation with one. Child custody consultations are usually not free, but neither are custody cases. Most consultations are for an hour, and often much of the time is spent on the lawyer gathering information about your situation, which is necessary before the lawyer can give you any legal advice.

I have developed a consultation method that seems to be far more productive and frees up more time to discuss strategies and options. First, I read up to 100 pages of information prior to meeting for the consultation. This information includes a detailed chronological history and any current or pending court complaints (petitions), motions, and child custody orders. Secondly, I have found that even with that head start, consultations cannot be sufficiently done in an hour, so I meet up to two hours. I don’t know of other lawyers who read information in advance, but you can ask. If they don’t, it will help your lawyer and free up more time to discuss strategy and legal advice, if you come prepared for the consultation with written information that the lawyer can read, which is far quicker than asking questions and taking notes.

The first step in deciding whether and which lawyer to hire, is to have a consultation with one. Child custody consultations are usually not free, but neither are custody cases. [4] Most consultations are for an hour, and often much of the time is spent on the lawyer gathering information about your situation, which is necessary before the lawyer can give you any legal advice.

I have developed a consultation method that seems to be far more productive and frees up more time to discuss strategies and options. First, I read up to 100 pages of information prior to meeting for the consultation. This information includes a detailed chronological history and any current or pending court complaints (petitions), motions, and child custody orders. Secondly, I have found that even with that head start, consultations cannot be sufficiently done in an hour, so I meet up to two hours. I don’t know of other lawyers who read information in advance, but you can ask. If they don’t, it will help your lawyer and free up more time to discuss strategy and legal advice, if you come prepared for the consultation with written information that the lawyer can read, which is far quicker than asking questions and taking notes.

Chronological History

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

Chronological History

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

Chronological History

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

• Names of your co-parent and children (and additional siblings and how related and other spouses)

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

• Names of your co-parent and children (and additional siblings and how related and other spouses)

To prepare for your custody consultation you should write a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, good and bad, that might be evidence. This history should include anything that might be relevant to your custody case, such as:

To prepare for your custody consultation you should write [5] a detailed chronological history of all of the things that have occurred since your children were born as well as important information about yourself and your co-parent, [6] good and bad, that might be evidence. [7] This history should include anything that might be relevant to your custody case, such as:

• Names of your co-parent and children (and additional siblings and how related and other spouses)

)