trial questions

[buckifan]

What is the name of your state (only U.S. law)? Ohio
Had pretrial today and will be going to trial in couple of weeks. My motion is for modification of shared planning plan from 8 years ago. Her motion to dismiss was not granted, filed motion for full custody. At first pretrail, GAL was assigned, did his thing, and his report changed some visitation time but kept shared parenting in place. No compromise was even attempted as she feels full custody is in son's best interest (13 years old). What will take place at trial? what kinds of questions will be asked? Who should I call as witnesses? Trying to find some answers to keep my attorney fees down at this point, so any input is appreciated!

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio
Had pretrial today and will be going to trial in couple of weeks. My motion is for modification of shared planning plan from 8 years ago. Her motion to dismiss was not granted, filed motion for full custody. At first pretrail, GAL was assigned, did his thing, and his report changed some visitation time but kept shared parenting in place. No compromise was even attempted as she feels full custody is in son's best interest (13 years old). What will take place at trial? what kinds of questions will be asked? Who should I call as witnesses? Trying to find some answers to keep my attorney fees down at this point, so any input is appreciated!

Mom is the one asking for full custody, and you want to keep it shared, correct?

Mom needs a "change in circumstance". What is her claimed change in circumstance? What argument will she use in court?

 

[buckifan]

Yes she wants full. her position is son's involvement in extra curriculars and her opinion that I dont allow/encourage his participation which is false. I started court proceeding months ago due to my not being asked or given a chance to have any input in enrolling him in different activities/sports, etc

 

[LdiJ]

Yes she wants full. her position is son's involvement in extra curriculars and her opinion that I dont allow/encourage his participation which is false. I started court proceeding months ago due to my not being asked or given a chance to have any input in enrolling him in different activities/sports, etc

That's not a change in circumstance. She doesn't have much chance of getting very far with this, particularly if the GAL's recommendation is to keep it shared.

 

[buckifan]

I just thoroughly read the report from the GAL and feel it was fair based on what son said to GAL, and am actually surprised her attorney didnt convince her to agree with the report today. Magistrate told my attorney that unless something pretty significant is brought out in trial that he will stand by the GAL's report. Mother did request son be interviewed by magistrate, afraid of the coaching that will be done from now until that time. I have nothing to hide, so not worried about being questioned during trial. Just want to be prepared and know who to have my attorney call as witnesses... seems from my research here that witnesses are really providing hearsay???

 

[LdiJ]

I just thoroughly read the report from the GAL and feel it was fair based on what son said to GAL, and am actually surprised her attorney didnt convince her to agree with the report today. Magistrate told my attorney that unless something pretty significant is brought out in trial that he will stand by the GAL's report. Mother did request son be interviewed by magistrate, afraid of the coaching that will be done from now until that time. I have nothing to hide, so not worried about being questioned during trial. Just want to be prepared and know who to have my attorney call as witnesses... seems from my research here that witnesses are really providing hearsay???

I don't see how witnesses are going to be of any benefit. Apparently mom's sole allegation is that she should have full custody based on the fact that you won't support the child's extracurricular activities. (unless you are leaving things out).

The GAL recommends that shared custody be maintained, with some minor changes. The magistrate told your attorney that unless something significant is brought out in trial that he will stand by the GAL's recommendations.

You state that you are supportive of your child's extracurricular activities, but simply want some imput into the choices and scheduling. So again, unless you are leaving things out, this whole situation does not sound promising for mom.

However, you do have an attorney, and your attorney is the best person to be giving you advice at this stage.

 

[buckifan]

Thanks for the input, I appreciate it. Not leaving things out, it really is pretty simple and can't understand why it has to be this difficult.

 

[LdiJ]

Thanks for the input, I appreciate it. Not leaving things out, it really is pretty simple and can't understand why it has to be this difficult.

Lots of people are in the same boat that you are in. Unfortunately its "life" when it comes to parents who are not together.

Sometimes people get lucky and forge a really excellent co-parenting relationship, sometimes people muddle along with an ok co-parenting relationship, and sometimes people have to deal with a bad one.

The best way to avoid that is to only have children with someone that you are sure that you either want to remain with for the rest of your life, or that you know you can work with even if you can't stay together.

 

[buckifan]

thought I saw Ohiogal around... any input from you would be appreciated! your wisdom has helped me a lot...

 

[Ohiogal]

thought I saw Ohiogal around... any input from you would be appreciated! your wisdom has helped me a lot...

Truthfully I agree with LD. If the magistrate has stated that (s)he is going to go by the recommendations of the GAL without something more than I think you are pretty safe with the GAL recommendations being followed.

 

[buckifan]

thank you!