How to Increase Your Chances of SUCCESS in Your Family Law Case
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www.CommandTheCourtroom.com
There are actions you can take now to increase your chances of success in your family court hearing.*
Please read the Disclaimer below:
*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.
A few examples of ways to increase your chances of success in your divorce or custody case:
Let’s say your ex-spouse is alleging that you have mental health issues or a mental health issue and you are denying it. One thing you can do to squash that accusation or allegation is go out and get a psychiatric evaluation. These evaluations do come at a cost however you could save money from the get go instead of having to fight this custody or divorce battle for months.
Now it may be that you do have some type of mental health condition but there is no shame in that. In that case you would show the other party what the condition was and what kind of treatment you are receiving and that you are complying with a course of treatment the doctor has prescribed for you.
By going above and beyond you are positioning yourself and showing the judge that you are not trying to hide anything and you are doing it what it takes to either squash the allegation or that you are complying with a course of treatment.
Another case might be that one party is accused of having a drug addiction and when a client comes to me and tells me that he or she is going to be accused of smoking pot or doing meth, etc. As their family law attorney the first thing I tell my client is to go get a drug test. And to do a hair-follicle drug test to show that there are no drugs in their system for months going back. My clients will often complain that why should they have to get a drug test to prove their not taking drugs when they aren’t. But I suggest that if you want to put these allegations to rest why not go above and beyond, get the drug test and squash the false allegation so that you can get along with the real issues in your case.
If you are in a custody case and the other party is saying that they do not think you would do a good job at co-parenting and joint custody would not be in the best interest of the child or children, you should start doing communicating and sharing information about your child with the other side through email, text or whatever form of communication works best for you. Tell them for example how they are doing in school or if you know there is a school event coming up, remind them about it. Talk with the other parent and get on the same page with them…have conversations and meetings. In other words be the one to extend the olive branch so to speak.
As hard as this might be and as difficult as your ex might be, just your effort alone will show the judge in your custody case what you are willing to do in the best interest of your child.
Should you do what the judge tells you to do even when you don’t agree with the judge? Depending on where you are a judge or a jury will probably be the one deciding your case. If you are in a State where the judge makes the final decision then you really don’t want to make the judge mad. No, judges are not perfect and they don’t know everything. They do make mistakes…sometimes they may not understand the facts and make rulings based on not understanding the facts. This is true.
But by not following the judge’s order especially if it is a temporary order, then you are putting yourself at risk of upsetting the judge. And when it comes time for the judge to make his or her final decision, they may be less inclined to see it your way, The judge may not give you the benefit of the doubt not only in the case that is pending but also for years to come. The choice is yours. It is understandable if you don’t agree with the judge on principle and it is your perogative if you want to go against what the judge orders. But know that if you do there will be consequences in your child custody case, you may be held in contempt of court and it would not be in the best interest of the children.
Set yourself up for success by going above and beyond even if you don’t agree with the judge’s rulings. Especially in the case of children you should do whatever it takes to put allegations or accusations to rest quickly.
Wendy Hernandez is a Family Law Attorney in Phoenix, AZ and the founder of CommandTheCourtroom.com.
hernandezfirm.com
/ commandthecourtroom
Пікірлер: 42
I proved I didn't have a mental health condition but my ex's lawyer convinced the judge I had one because I was a Soldier. I had documents and everything.
I really appreciate you 🙏🙏🙏 Your advice is spot on, thank you
I would amend your statement to 'there MAY be consequences'. Especially considering how bias some judges can be toward moms. Example: in my last court case, mom ADMITTED under oath that she wasn't following the phone schedule in the parenting plan. She had admitted to going 2 months denying me phone contact. I had documented proof of 3 months. She then said the parenting plan says I can CALL 2X per week. Not that I can talk to our daughter 2X per week. This was a clear violation of the plan and violation of ORS 101.101 and ORS 101.149. Judges ruling? Not in contempt. REALLY?!?! #censurejudgepahl
thank you....have court in the a.m, already have joint custody now I go back for sole custody with a t.r.o. wish me luck. Thanks again Mrs. hernandez....
Great advice..thank you
Thank u very much I really appreciate you
thank you
Exactly what I’m going through!! I have sciatica and other health issues. Dcfs wants me to go to a rehab
What about if you’re being accused of abusing the child?
Your videos are great and very helpful. Thank u!!!
@Commandthecourtroom
7 жыл бұрын
Thank you so much and I am glad they are helpful to you!
Please you should mention that this Family Court is Administrative Law, which both parties must Consent for the Contract to be effective. I would like to also point out that Child support is Federal Law and there is this book called Federal Child Support Guidlines that it must be followed. Thank you.
... inharmonious shitty animosity, destructive hate, and ghastly lies that I had to confront yesterday was the fight of a lifetime... I survived every round... shock numbed the pain.. ...as the one we dont speak of tried to ripe apart my family. TO PARENTS SUFFERING CUSTODY DISPUTES and navigating through that hell.. I could not have entered that courtroom without the confidence 'the child's best interest list' gave me .. #truthonmyside
@ithinkmeh3565
5 жыл бұрын
are you the mom? how did it go, if dont mind responding?
You mention in your video motions for reconsideration, is this the same as modification? I have some clauses in my current order that I wish to modify in addition to adding specified responsibility and communication areas that are not currently in the order. how would I go about modifying the current order clauses in addition to proposing new ones to be added?
Hi Wendy if I'm on antidepressants could this be regarded as a mental health problem in court. Thank you
Hi Wendy, I had the pleasure of meeting you a few times once through FathersMatter and another through a consultation. Fast forward, in a matter of neglect and abuse involving the mother and DCS plus months of litigation, the courts have finally granted transitioning my son from placement into my care. I have now been informed to submit a petition of sole custody before DCS would close the case out though before this incident I have filed a petition and let it expire. My question is would I file a complete new petition or reopen the previous family court number which expired?
Can you do a video on how to win against child's services
I would like to see more tips on DV cases. All what you have explained seems to be more in a healthier co-parenting situation. I would like to see your videos provide feedback after you provide a non DV circumstance and then right after a DV circumstance. Hope that makes sense.
@liamnevio823
5 жыл бұрын
Nice
Hello, I just wanted you to know that I find your videos very helpful, but I do have one question. I am looking to petition for modification of my parents custody schedule of me and my sibling from joint custody to my mother having sole legal custody. I believe that I have substantial evidence that my father is an unfit parent. In Wisconsin, do you think that I as a minor could represent myself in this court case? Also, do you think the case would go through with the judge knowing that a minor was representing herself?
Thank you Wendy! Can the other party just change the case jurisdiction to another state? She left to the southern states from here a month ago and says Arizona rulings won't matter and she'd just have the case moved to her new state anyway. Also, can an out of state lawyer conduct legal business on their behalf in Arizona if they aren't licensed in AZ? For example, can this lawyer appear in court and conduct response documents? What are the ramifications of this?
What do you do if a restraining order is involved in which the child is a protected party and you cant talk to the other parent
Is it best to go into a parenting agreement 50/50 and then ask for adjustments if your ex isn’t properly caring for this kids? I’m worried my ex will be drinking and doing drugs around my kids, drinking and driving and emotionally an see them. I really don’t think he should have them half the time but it seems like everyone wants parents to have 50/50 these days. Thanks for your help!
I live in ny. I had a post partym depression. My babies,father have sole custody. I dont know how to fight this. Im desperate
What about when the mother alleged abuse in every form but she can't possibly have evidence as it never happened, how do I defend myself
Can U use tape recorders in court of kids saying things????? even if its not true ?
I really enjoy your videos.
Your advice to stay in contact with the other party wouldn't include maintaining contact with an abusive person. That would be in a best case scenario. At least that is my experience thus far.
Naw...I'd much rather frame my case for an appeal than be at the mercy of a fake judge.
Hi I want sole custody of my kids and I am married I've been separated for a few years now but my kids Father which is my husband have a really bad marijuana problem and very bad behavior and I've never been in front of a judge I can't really afford a lawyer any suggestions on what I can do to say to a judge to try to win my case
I am trying to get divorce from a guy .it was just a court marriage.i have never stayed with him.my lawyer has put some grounds which I m unable to prove.what should I do
hello i have prove to judge all documents was falsified she still over look everything can a judge do that can i file anything aganist her?? its been 3 years since i have seen her in i have 3 more kids who live wit me in they miss her please tell me wat i can do??
Any tips on how to deny access or custody to a boyfriend who wasn't there during child's upbringing or maintaining the child.
What if the other side is accusing you have domestic violence in your house hold. What should you do to squash it?
Any tips for dealing with a high conflict ex? I have a judicial conciliation upcoming and I'm nervous. I'm asking for primary physical custody and sole legal. Ex has history of verbal abuse to me and court ordered pfa with child
@Commandthecourtroom
8 жыл бұрын
Hi +Sam Snead. Thanks for your comments. I'm glad the videos are helpful. In dealing with a high conflict ex- be sure to document everything in writing. In fact, communicating in writing only might be best (if it is possible). Keep your conversations limited to issues such as drop offs/pick ups, parenting time, etc. If the other side tries to increase the level of animosity, walk away. Be reasonable and respectful at all times, even if the other side isn't doing the same for you. Keep moving forward!! Good luck in your case. :)
PLEASE make a helpful video on obtaining adult children with disabilities child support post divorce, as my attorney was horrible and said she doesn't do that, it's a specialty. Both kids da disabled since birth, massive evidence of this. Ex has never been in their lives participated helped been to any of the school arts and there are over a hundred of them his excuse is one of them gets money from the government and the other one is not disabled at all that he's over 18 which is nonsense I take care of everything I didn't have a job after the divorce and I've been struggling I make 1/3 of what he does now because I'm having to start all over after 25 years of being a homemaker and a caretaker and leaving with literally nothing Shirley the judge we'll look at his tax returns and mine and the spreadsheet of expenses and rule in the kids favor I just don't understand this at all how can I keep from getting bullied by him in the courtroom and will my attorney be able to cross-examine him
There are cases, especially In Canada and the UK, where a judge orders the divorcing man child support and spousal support that close to or over 100% of his net income. That is hard to impossible to fulfill, especially when that person does not have any savings. Does that person need to go into extreme debt, where he never gets out, just to follow the judge order? And no, no hidden assets that can be freed up. Just as is. Canada has one of the highest suicide rate of divorced man, btw. I wonder why?
I think you are so amazing beautiful :-)
A judge gave temp orders for my husband sup visitation with my daughter at 3 hours every other day..My child is disabled and eats via a feeding tube. That many hours cuts into her time of eating and it is next to impossible ti get those hours back. If I allow my child to go that long without a meal she will suffer. The judge does not understand the medical facts of just how much and how long each feeding takes. I have had to do visits at 2 hours but my ex is trying to hold me in contempt. I know my childs medical team will of course do what is in the best interst of my child. My ex is not focused on her health and well being he only wants what he wants. I am not listening to the judge if I do I directly put my child at risk... My atty keeps saying I need to do the full 3 hours yet none seem to understand just how fragile her eating and feeding is.. If I allowed the 3 hours I also allow for my child to miss meals and she is already very underweight. When a judge decided this it was without understanding anything when it came to my childs medical care. I cannot put my child at risk even if the father seems to not be bothered with her missed feedings.