January 7, 2014

How to Destroy Your Child Custody Action

By Dianne Ophelia -

That one text or email could mean the difference between receiving custody of your kids or having to settle for visitation rights.

Fathers and Mothers don’t realize the importance of every sentence in every piece of “written evidence” in their Child Custody Action.

“Written evidence” can consist not only of the pleadings that you or your lawyer file with the Court, but more important, can include letters you may have sent to the other parent, notes left on the counter, emails, texts and voice mails.

Often, when a Parent is angry and upset, in the heat of the moment, he or she will send an email, voice mail or written note to the other Parent with angry, accusatory, or offensive language.

Or, sometimes a parent will make derogatory comments about the children, i.e. “Tommy is out of control.” Any statements which may call into question your parenting ability must be monitored carefully.

A Family Law Judge or Child Custody Evaluator may not feel that the incident referred to in the writing called for such an angry response (and you may agree once you have calmed down.)

The problem is, once the writing is made, it is admissible in court and can seriously harm your Child Custody action and destroy the chances of getting those Fathers Rights or Mothers Rights that you have worked so hard to obtain.

If you are represented by a lawyer, it is imperative to tell him or her that you want to review every single letter or document which leaves their office, whether it is directed toward the opposing attorney, the court or a custody evaluator.

If you are not represented by a lawyer, always put the document you wrote down for a few hours, then review it again before deciding if it should be sent as written or modified.

When reviewing your documents, think of the following:

1. Are all of the Facts contained in the document absolutely accurate?

2. What is the tone of the document? Does it sound:

  • Accusatory
  • Controlling
  • Condescending
  • Complaining or whiny.

Don’t Let the Opposing Side use your documents against you to prove that your personality may not be the same as that which you are portraying in Court.

You want to convey an image of a calm, competent, sincere and responsible Parent. Don’t let your documents show otherwise.

Remember, anything said in a document, email, text or voicemail can be used by the opposing side in a custody evaluator’s office or in court.

For More Information, Articles, and eBooks to Guarantee Your Success in your Custody and Divorce Action; visit me at: http://www.edivorceexpert.com.

If you are ready for a civilized resolution to your divorce, check this out: http://www.edivorceexpert.com/diannes-services/mediation-services/

Dianne R. Ophelia is a Certified Family Law Specialist and is known as “THE 30 YEAR DIVORCE EXPERT”

Article Source: http://EzineArticles.com/?expert=Dianne_Ophelia



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