What should you not say in court during child custody hearings?
Mistakes That Can Be Used Against You in a Custody Battle
There are many things you should not say in court during child custody hearings, but the most important thing is to remain calm. The judge or jury may be listening carefully to what you have to say, so they will be more likely to believe you if your tone is calm and reasonable.
If you're upset, your voice might go up and down, or it could sound like it's coming from another room. This makes it harder for the judge or jury to understand what you're saying.
Courtrooms are not your personal playgrounds.
If you want to win the case, you need to know what to say and what not to say in court.
Don't say anything that can be interpreted as an admission of guilt or wrongdoing. This includes anything that sounds like it's been said with a guilty conscience or feels like it's been said under duress.
Try to offer evidence that shows your side of the story: Don't swear at anyone or make threats; don't insult anyone or use racial slurs; don't insult the other party's character (except if they're calling you out for doing so).
You can't just say "I want a divorce" and expect the judge to grant your request. It's not that simple.
You need to make a case for why divorce is in your child's best interest. If you just say it, without any specifics or evidence, then you run the risk of the judge giving custody back to your ex-wife.
Common Mistakes That Can Hurt Your Child Custody Case
Having a child custody case can be one of the most stressful times in your life, and it's important to avoid making common mistakes that could hurt your chances of winning.
One of the most obvious mistakes to avoid is not showing up to the hearing. Your child custody attorney will have prepared you to testify, but if you don't show up, the judge may believe that you are trying to undermine the process. It may also lead to negative inferences about your commitment to being involved in your children's lives.
If there is a good reason for you not attending, you should let your attorney know ahead of time and make sure that he or she has filed all of the paperwork with the court.
Another mistake that many parents make is not submitting all of the evidence they could provide. If there is any information that could help back up your position on custody or visitation, talk with your attorney about how best to submit it for consideration by the court. This includes pictures, videos, and school records. The more information you have available, the better equipped you will be to demonstrate that you are an active part of your children's lives. Also make sure to be honest when answering questions during testimony.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
