Should I take a witness to custody hearing?

[CMSC]

Nebraska.

My custody hearing is coming up on Thursday, called my attorney yesterday and he asked me if I had a witness to take with me. I didn't know I needed one! He said it would help but I am wondering what type of witness I should take. I am assuming it can't be a family member, they would be too biased in the courts eyes but what about my best friend of 23 years? She has gone with me to pick up the kids at my ex's and seen the living conditions etc. Should I take her with me?
I am also wondering if my ex doesn't show up will he be given supervised visitation like I am asking for or no visitation?

 

[CMSC]

No! I will not let my thread go to the second page!!!

 

[melissae]

Ryry's mom, witnesses are great in custody cases. When I went through mine last year my attorney subpeonaed 4 witnesses for me. Family was allowed, I had my mother, 2 friends and a police officer. The judge decided to hear the officer and my mother, the friends ended up just being there for moral support. The line of questioning was in no way biased since most of them came from my ex's attorney not my own. All they can attest to is the facts they will not be able to offer an opinion. Talk to your attorney quickly so he can question your friend or who ever you chose and find out what they can contribute to your case. If you have police reports use them too. I was lucky enough to have an officer that worked my case every time my daughter was taken by my ex or his family without my permission or knowledge so he could attest to what happened each time. Good luck to you! Hopefully if your ex doesn't show up you will get what you are going for.

 

[CMSC]

Thanks! I sure wish I had time to subpeona my witness's! If only my wonderful attorney had told me this earlier. I don't think that it will hurt me any to not have them I am pretty sure my ex can make his life look bad without the help of my witness's. I do wish that I had thought about subpeonaing (sp.) my ex's sister she would have been helpful, she would be honest about my ex threatening suicide and other things but my attorney said we are running out of time.

I have a feeling this may not go the way I planned because of my attorney's laziness (I am hoping that he is just confident we will win and is not worried about it at all). If I lose and it is clear that I shouldn't have can I appeal right then and how long do I have to appeal the decision? I will definitley hire a new attorney if I have to appeal.

 

[kat1963]

Yes! Ask your friend to go!! Even family memebers, the more the merrier! heheheh If he doesn't show, it's up to the judge, probably will end up continuing it I'm afraid, but then again, you just never know. Great lawyer by the way, geee, can you give me a referral? NOT!

Good Luck!!

KAT

 

[Chingolina]

Character Witness

It is also good if you can take a Character Witness like a priest or pastor or a well regarded member of the community who can testify of your or both yalls characters.

Chingolina

 

[CMSC]

Okay well stupid me, I should have thought about witness's but it is too late now according to my lawyer (I wish he had told me earlier that I needed witness's!). The lady I am a nanny for (she is an attorney and her husband is the public defender) said she would go to court with me if I wanted her to!
I got word yesterday that my ex told someone he wasn't going, I hope that is true! He hasn't paid his support this month but he has a good paying job ($9 an hour) and he has been paid already so I am wondering if he really isn't going to show up. I think that if he were going to he would have paid his support for the month before we go, I really hope he doesn't pay before then!
Another question, can he be held in contempt at my custody hearing if he has failed to comply with the support order? I am not talking about not paying, I am talking about not telling them he is working, it says in the order that is grounds for contempt.
I also called the pay roll department of his work and was told that I needed to call their corporate office on income deduction BUT that they thought it is up to him to show them the order and request it be taken out. Is that true? Why is it that nothing I do or say is good, he has to be the one to say it or do it?

 

[wyomom]

Nebraska courts

Yesterday I went to court in Nebraska for custody of my son. I didn't realize we were actually having a custody hearing, I thought we were going to court to set a trial date. Fortunately, things went well. I was worried because I didn't have any witnesses. The father is scum and the judge saw that without any witnesses. If at all possible though I would have someone there just in case you need them to prove your point.

 

[CMSC]

wyomom, if you don't mind me asking who was your judge. I sure hope the judge in my case can see what my ex is like (if he shows up!). What type of arrangment did you guys get??

 

[wyomom]

The judge was Judge Silverman. My ex screwed himself by not having an attorney. He got 4 hours of supervised visitation every other Sunday (he has to call me to set up time and place). He doesn't work but the judge said since he's capable of working he figured his income at $10/hour, 40 hours/week. Also, if he wants to see the child he has to pass and pay for drug tests. I'm sure I'll never see him or a penny of child support. Yeah!

 

[CMSC]

WOW! I really hope that is how my case goes! I think it would be nice if the judge decided to get my support order done tomorrow also but I don't think he will.
I am happy for you!

 

[powerpuffgirl]

Hi wyomom. Sounds like things worked out great for you! I hope I am that lucky. Can anyone give me the gist of what happens in a custody (in my case visitation) hearing? I don't have one scheduled but I fully anticipate my ex to start that process next week when he finds out I am not planning to let him dive into a nonexistant relationship without a structured visitation schedule.
How do your supervised visits go? Also, can you give some of the details of the drug tests that he has to pay for?

 

[wyomom]

powerpuffgirl

Yesterday the custody hearing took all of 20 minutes. I've had a hearing before that lasted 9 hours. Just depends on the situation, # of witnesses, etc.

From what I understand the visitation can only occur if the person specified in the hearing is present. In my case it happens to be his cousin who I think sincerely cares for the welfare of my son. He has to come to the town where I live for the visitation.

As for the drug testing I don't know much about what has to be done there.

 

[smh33]

Ryry's mom...if 1st time in court, ask who your judge is...you can look judge up,past cases and see what judge favors,usually rules,etc... Don't sweat wittnesses...especially one's you would have sup....You don't have to believe me,but you would be surprized how people act in that situation. SIL may be great, but in court,infront of brother...testifing against...even if she thinks he is wrong,family is family......people will amaze you. If your ex by chance showed with a lawyer,they get to question your wittnesses too....and anything they can find bad about thier character....It is always good to have someone with you in court and if any specific issues come up, judge can ask to hear from people in courtroom...if they have info,eyewitness testimony,etc...so take your friend if can. Don't take too many people...it can come across to the judge that you are trying to intimidate the other parent,etc...Whatever you are asking of court, the judge is only interested in why and how you support your request and most importantly how it will be better for children....you do not say I want custody cause Dad is irresponsible,loser,etc...you say I want it because between the two of us,I am more stable,structured and feel this would be best for my children....phrase everything in that way, don't beat up the ex, let the judge do that...you display, I just don't understand why ex does as he does,really think he could be good dad if he wanted?????Make a list of issues,incidents...things that show,prove your point...no visit,missed ones,phone arguements,etc....have dates,times if nec.,place...make your list neat,easy to read as judge may ask to read it. If you want to bring up the support/job issue,do indirectly. Use it as one of your examples showing ex's non follow through or whatever...work it in like, I do not think ex is dependable,reliable for example he has not informed CSE of his job..let judge pick it up from there...first though if ex shows I would have lawyer ask him on stand about his job, get him to say he has one before you mention your example. Take paper, use your list as reference and if any testimony...anything not true,etc..write it down. Your lawyer should have stuff prepared but if you give added info while he questions,helps him. Most,Most important...DO NOT be afraid to raise your hand,ask for a pause if there is something you do not understand,think your lawyer missed,should address,etc...and if the judge asks before the ruling if you have anything you want to add or say...do it, it's your children...keep it short,direct,ex free...only express in your words your love for your kids,the priority of thier best interest,etc...Appeal time is usually 30 days, but read your state laws carefully as some have different limits for custody...your best source would be to politely ask the judge if you do not like the ruling, what are the appeal limits...atleast you know you will get a correct answer...or ask the courts clerk ...good luck