In a custody battle, it really doesn't matter if what your spouse is saying about you is true or not; what matters is whether the judge believes it's true. Here are things a judge looks at when deciding whether or not to believe a witness AND things you can do to prepare before trial. https://commandthecourtroom.com
In these types of custody cases, it really boils down to what a person is saying vs. what the other person is saying during the custody hearing and who the judge or jury is going to believe. In every family law case that goes to trial credibility of that witness is the issue. Credibility means how reliable is each witness & there are a lot of things that the judge can look at when deciding whether or not to believe a witness.
1. The person's manner when testifying meaning are they acting nervous, are they pausing a lot before answering certain questions? Do they start crying or are they sweating...These things can be considered when deciding on the believability of the witness.
2. Non-verbal communication, whether or not they get hostile when the other attorney or party is cross-examining them, their ability to recall events or details or dates or how specific their testimony is when it relates to important events.
These are also good tips in general on how to prepare for a custody trial:
In any family law case, it is also very important to practice your testimony and your witnesses' testimony before you set foot in the courtroom. I always sit my client's down and we go through a role-laying exercise, sometimes 2, 3 or even 4 times before we go into the courtroom, especially if my client is having some anxiety about testifying and most of them are because it's a stressful and not a natural situation when you go into the court and testify something as personal as your kids, your money, your property, debts, lifestyle, your current relationships so it really does help to practice.
Also, get your witnesses prepared by having them practice their answers that you will be asking them in court. Let them know what you will be looking for in their answers. Also, prepare them to be cross-examined as by the other divorce attorney. This is a big mistake that people make when preparing. They fail to get themselves their witnesses prepared for cross-examination by the other attorney.
Always be straightforward and forthcoming with the court. In some states or jurisdictions the judge can actually ask questions to you or your witnesses and also the jury can write questions they want to be answered. If the other party proves that you haven't given the information it can come back and bite you.
💼Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.
*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.
