Never Give Up in Your Child Custody Fight

Тәжірибелік нұсқаулар және стиль

www.commandthecourtroom.com
Never give up the fight in your child custody case even if you feel your case is hopeless.*
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.
In every case after I have talked to my clients & stressed how important it is to have rights to have their child in their lives, not one of them chose to give up and kept fighting.
One viewer had downloaded my best interest checklist at and after reviewing all the best interest factors she came to the conclusion that she was basically ‘screwed’ in her custody case and the father was going to get everything he wanted.
In the other email a father was upset because the mother had severely beaten their daughter & despite that fact the court allowed the mother to have temporary custody of the child pending the trial. Please remember in a family law case especially when there is child involved, it’s not a sprint, it’s a marathon.
Hopefully in your case, it will take you only weeks or a month to get where you need to be with your children. However in some cases it may take years to get where you need to be with your child. The question then you must ask yourself is how important are my children to me? How much do they need me and how much do I want them in my lives?
I have 2 actual cases where my clients felt hopeless but because they decided to press forward, things turned out to be ok. In one case I had a woman who had suffered domestic violence at the hands of her husband, kicked out of her house and she was representing herself in court without an attorney. At the temporary hearing the judge did not give her any time at all with her daughter. The woman eventually became my client and she did have some serious mental health problems including PTSD, a history of drug abuse and was sporatically employed.
I took her case Pro-Bono which means free. We started tackling these issues, one step at a time and we slowly made progress. We got her help through the State so she could start treatment on her drug & mental health issues. She started seeing a psychiatrist, was diligent about taking medication and not missing any appointments. She entered and completed a drug rehab program and got off drugs and she tested for drugs for the court on a weekly basis. Fast forward to almost a year later:
My client now has joint custody of her daughter with her ex-husband and she also has unsupervised parenting time. That is a huge leap from where she was a year ago when she came to see me. Her ultimate goal is to have equal parenting time but she is not there yet but she has started and she is showing the judge that she is working on her issues and at some point the judge is going to give her equal parenting time.
The other situation was a case I just went to trial with recently where the other part was asking for sole custody of the daughter. My client was seeking joint custody but the other side wanted my client to only have supervised monitored access with the child. The judge wanted to see all of use before the court hearing started so he could get his impressions of the case. I knew walking into this meeting with the judge it was not going to go our way. In addition we were asking that the child be moved to another state
At the time when we went into trial my client was not getting any time with her daughter. I talked to the judge about what was going on with the case as it was pending & had been going on for more than a year. There was a therapist that was involved and she was aligning with the father and her recommendations were biased as she was only getting information from the father. She was refusing to see my client and refusing to listen to what my client had to say. The judge was skeptical but I assured the judge that when we came to court we would present evidence that will prove the bias of the therapist was depriving my client of a relationship with her daughter. We went to court & we were able to prove our case. The judge ruled that my client would get joint decision making & she now has unrestricted access with her child.
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.
Facebook: / commandthecourtroom
My Law Firm: www.hernandezfirm.com

Пікірлер: 65

  • @biffbifford402
    @biffbifford4026 жыл бұрын

    Not giving up is fine and dandy, as long as you also acknowledge that you may have to pony up several hundred thousand dollars to continue fighting. Most people don't have access to financial resources needed to play in this arena. There is an almost inexhaustible list of tricks attorneys can use to ensure the case drags on forever and you have to keep paying. You may someday get your child back (after you've missed their childhood and they are 18) but you can NEVER get your money back.

  • @jenniferrosales5679

    @jenniferrosales5679

    5 жыл бұрын

    😭😭😭😭😭😭😭😭😭

  • @mathwiththesarj4046
    @mathwiththesarj40466 жыл бұрын

    This video was much needed. Going thru a rough custody battles. Daughter's mom makes things somewhat difficult. There are times when you just want to give up. It gets very frustrating

  • @jeffreybeauregard7548
    @jeffreybeauregard75485 жыл бұрын

    It's all discrimination,I'm fed up with the games being played with my head

  • @candacemcnabb248
    @candacemcnabb2486 жыл бұрын

    I know this is an older video, but it really helped me today. Recently, it seems like this is never-ending and will always be the way it is now and I have been close to losing any fight left in me. This reminded me that there is still a chance, whether it's next week or next year, I just have to keep doing what I am supposed to. Thanks!

  • @aprlar5lil1s
    @aprlar5lil1s7 жыл бұрын

    Thank You Very much i will from NOW ON be watching your Videos i dont feel like giving up I NEVER !!!!! WILL i am a ferm beliver in I am there mother and i will not stop until my last breath.

  • @wadep9916
    @wadep99167 жыл бұрын

    hello thanks so much for this video I'm watching this for my daughter, she is going through her first custody battle right now.. I talked to her to her today on the phone and she was all stressed out I told her just relax and breathe she has an attorney in Houston. I think the next step is a mediator is going to visit the homes the children live and the father's home. my daughter has a good job at a hospital and married to a service man. the 2 kids live with there mom my daughter. OK thanks Wade

  • @timothystefans6454
    @timothystefans64546 жыл бұрын

    You have no clue what a inspiration you are

  • @spacemonkey3638
    @spacemonkey36387 жыл бұрын

    i absolutley looove your videos , they are so inspirational to me and i am curently going through a ugly divorce custody battle with my sons father, and these videos have really given me some insight on how to handle my court trial comming up in march. i am very positive about getting my son back.thanks so much!!

  • @heatherflieder8399
    @heatherflieder83997 жыл бұрын

    thanks for the encouragement reminds me that i do still have a chance even with my background

  • @pobsbabies3ukstockwell631
    @pobsbabies3ukstockwell6318 жыл бұрын

    Thank you for your channel. I cared solely for my daughter until she was 8.5years old. She is my life. Ill health has meant that she was suddenly removed from me and now my ex husband who has never solely cared for her has custody and I will only see her for TWO HOURS once a month having seen her twice a week consistently here. I am destroyed and only hope that our law in the UK works like it did for the mother in your case.

  • @linroseification

    @linroseification

    6 жыл бұрын

    I am so sorry. These courts are not fair and these judges think they are God. They do not see what happens with us behind closed doors. I hope you get more time with your daughter.

  • @livingfree7153
    @livingfree71536 жыл бұрын

    Thank you for the encouragement : )

  • @hardikthakkar1979
    @hardikthakkar19796 жыл бұрын

    I am impressed from you. You are a great and amazing person. No doubt it is your profession but nowadays very few are there who knows everything. You are one of them who knows everything. Very experienced. I wish I can afford a solicitor like you.

  • @marcusjohnson0417
    @marcusjohnson04176 жыл бұрын

    Have you ever did a parent alienation or alienation Behavior video if not can you please

  • @liberation5521
    @liberation55217 жыл бұрын

    Thank you attorney Hernandez. Your videos have been so so helpful to me. I'm in Massachusetts and I so wish you lived here. I am pro se and my ex is without a doubt a cluster B personality disorder. There's such a long list of things that she, my ex is also a woman, has done that have affected my children in a very negative way with the intention of just trying to cause me harm. Child services has been involved at least 9 to 10 times, she's had my children removed from my home by police so that I lost the weekend with them. I did get them back on Monday with police at her home and the restraining order was dropped Tuesday. I totally feel like this is a marathon and my endurance is waning. Can you tell me if there's anyone like you in the state? I'm really not financially in a position to have a lawyer as paying the guardian ad Litem has been very difficult. Privilege was not waived for my children's therapist so that didn't help me. Am I screwing myself by not using a lawyer?

  • @prettynena3102
    @prettynena31027 жыл бұрын

    I left my ex for domestic violence in 2004 after 3 years me and my kids of been suffering emotional and physical abuse I put a protection order back on that time. After I left he requested custody for the daughter we share. My daughter was 3 years when I left and I rise her alone until 2014 when he comeback to my state and requested share custody. Since 2005 thru 2013 he was practically out of her life he did not live in my state and he was ordered to visit her once a month which he most of the time did not do it. He moved closer to us in 2013 and took me to court to request most visits. I noticed my daughter who started teenager hood was showing more rebellious and distant with after each visit with him. He took me back to court in 2014 to share custody and the court agree. I was the start of a nightmare because he just wanted to control everything, he always has been so controlling and good manipulator. He lies in front to the judge or therapist or whoever with out any remorse. If I was to direct my daughter to do homework still to play in her phone she immediately called him accusing me I was torturing her. I was afraid to be a parent or say something because she over reacting way and his false accusations. My daughter was attending therapy with a great therapist who noticed all I was telling. He and me attended co-parenting sessions and frankly has been not successful at all because his controlling issues (I forgot to mentioned he was diagnostic with bipolar disorder in 2003 ). He went to court to request full custody in a trial and either my daughter therapist or the coparenting therapist agree about put my daughter thru this. He fired my daughter therapist first with the excuse my daughter did not have a connection with her ( after almost 2 years of sessions with her). The lawyer I had at the time of the hearing in 6/2016 was my former lawyer from domestic violence - she was not longer working for them but still representing me - my case was discharged from DVC around 2010 but she continued representing me. He did an attempt to have the full custody on December 2015 but I won then he requested a trial on 6/2016 . My lawyer told me I should not put my daughter in a trial and will be better to surrender the custody to him??? I just cannot believe what she was telling me. I was ready to fight to bring all the past to show what kind the men he is but because I was not paying her she told me that will be a time consuming for her and she cannot dedicate all the time to my case without payment, sadly I surrender the custody to him and since then he took me to the court again last December to reduce the my visitation time. After I surrender the custody he found other therapist for my daughter and I meet with her like 3 times alone to explain her my life with him, my older daughter meet with her too to tell her experience living with him and how he never has been involved in my younger daughter life. I have to said I have 2 kids from previous marriage and both are disable asper syndrome, they suffered a lot when we were living with the father of my youngest. He used them against to me, he recorder them saying things agains to me in one word he manipulate them well. This is exactly what is happening with my youngest daughter she has been totally manipulated for him and she lies she just change situations and alternate that accusing me to scream at her when I am not doing it. Her therapist of course wrote a letter to the court recommending to reduce the time with me. I am devastated I have been a devoted mother of my kids. I graduate the oldest and my second is about to be graduate this spring I am a hard worker who has been in the same job for 10 years and live in the same community where I work. People know me and respected me because been a single mother with 3 kids and 2 of them disable is not easy. I don't know what to do he is taking me to court again because I did not pay for the sports activities but I cannot afford that I am paying child support and arrears. By the way the man owns me money from alimony ( he paid just 9 months of 12 and divorce decree he never paid. I do not have a lawyer and I cannot afford one but I make much money to qualify for legal Aid. Please I need your advise thank you

  • @TheJamtownboy
    @TheJamtownboy7 жыл бұрын

    thank you

  • @wkdemers
    @wkdemers7 жыл бұрын

    I've been fighting 27 years. Family law is a crapshoot. If the judge likes you you'll get favor, if the judge doesn't like you then your name is CHUCK. 'Wide discretion' takes precedent over law 90% of the time and the only remedy is lots of dollars and often lots of time away. If you're faced with a dissolving relationship involving children your chances of getting help from the court cannot be determined because there's no law in family court unless you're the target of the judge. The majority of the time law enforcement will refuse to enforce orders (unless you're a female) even if you show them the statutes in support, same with trying to get prosecutors to intake. So, dad's, forget the idea that your brand spanking new court order entitles you (the bearer) to any assistance by law enforcement. For most men court orders are fools gold.

  • @shannon1542
    @shannon15425 жыл бұрын

    Thanks

  • @davidcaban4774
    @davidcaban47747 жыл бұрын

    Thanks for this video

  • @Commandthecourtroom

    @Commandthecourtroom

    7 жыл бұрын

    You are welcome!

  • @candyfrenn1335

    @candyfrenn1335

    7 жыл бұрын

    I'm in a battle for a non biological child who I have raised before he was born, because I'm not his bio dad it has been so hard, the real dad is a piece of shit who doesn't care and the bio fucked up so I went against her parents which were trying to adopt my baby boy to their personal friends, the only thing I got going is an unbreakable bond and I'm on his birth certificate. I can't live without this boy, I now have to go up against mom after fighting the granparents, who aren't related to this child, their adoptive grandparents, now I have to go up against the mom who is a basket case

  • @veraconners2720
    @veraconners27208 жыл бұрын

    Could you make a video on Siblings trying to receive custody of younger siblings.

  • @ramyaandkateprankwars8433
    @ramyaandkateprankwars84337 жыл бұрын

    Thank you so much for your channel. I really couldnt find anything to help me and I just broke down in tears because there IS hope for me and my babies. Do you accept emails or messages?

  • @nickziganto7714
    @nickziganto77147 жыл бұрын

    I will never give up.

  • @jeffreybeauregard7548
    @jeffreybeauregard75485 жыл бұрын

    I have ptsd,ocd,only smoke 2joints a day,not a drug problem,no trehab for smoking 2joints a day,don't drink,or party,just my meds for depression,and anxiety

  • @billyporrez3970
    @billyporrez39707 жыл бұрын

    Advises" are welcome, I've been doing my best following DCS rules and, have completed all tasks, I did what was ask by DCS, and till this day have not given an opportunity for a fair hearing. What do I have to do so I can be heard.

  • @blowme2939
    @blowme29398 жыл бұрын

    How do I file for my parental rights if her mother doesn't want to give me her information

  • @earthangel1978
    @earthangel19786 жыл бұрын

    I have a weird situation. I have always had physical custody joint legal. My ex (boys dad) got temp. Custody after my fiance spanked my son. My ex went to court without me knowing and convinced the judge to grant it. I have always had the boys. When we split up four years ago my ex took off for twice years. I don’t have an attorney yet. I see one tomorrow. I live in CA. What can I expect? Very helpful video

  • @heidisuarez5606
    @heidisuarez56067 жыл бұрын

    Do u have any attorneys you would recommend in Fl?

  • @kinberlyreid2129
    @kinberlyreid21297 жыл бұрын

    dont give up fight that happened to me

  • @chocolatepudding6108
    @chocolatepudding61086 жыл бұрын

    I need your help I’m going through a lot been going through for 6 years my kids never returned I think they are adopted out but I don’t understand why I was a great mother and I was there in court eveytime

  • @latoyiawanzo1847
    @latoyiawanzo18475 жыл бұрын

    Do you have any attorney referrals because I think they are taking advantage of my case

  • @phlegmwad8549
    @phlegmwad85497 жыл бұрын

    Do my children still need me if their mother got remarried and had a new child? Mother and I divorced when the children were 4 & 3, she remarried 1 year later, I haven't seen them in 3 years and I'm told they love their life with their new dad and think it's strange that I'm trying to be involved.

  • @oneone6865
    @oneone68657 жыл бұрын

    Hi my friend can u please tell me how to my baby mother from moving with my daughter thank u

  • @shannonroy3586
    @shannonroy35866 жыл бұрын

    I am very hopeless but I'm not giving up but I don't know what I can do anymore if you can please give me any advice I love to tell you my story I need help please

  • @michellehuerta2704
    @michellehuerta27046 жыл бұрын

    Hi im in a custdy with my baby dad and im at the point on giving up i dont think its was right i dident even have a chance i never been with my kids for this long

  • @RounaissanceNails
    @RounaissanceNails7 жыл бұрын

    hello i need help is there amyway i can email you?? i love in puerto rico and my son is with the father in.new.jersey. im fighting for his custody even though we signed a legal affidavit before his father took him stating that he would only have him temporarily and now he decided to keep him and in the court they make it seem like its not valid. I feel desperate and nobody is of help. please help

  • @marymercado1314
    @marymercado13147 жыл бұрын

    ? if a parent has the kids,and the other parent does not tell the parent where they live nor give her new phone number and wont comunicate with him . only they started visiting the grandfather and called to make arrangments to see them but the others parent has been denied . from the other

  • @supershepherd
    @supershepherd7 жыл бұрын

    Let's say the custody is given to the father, can the mother still fight for custody? If so, how? And what will happen to the child during this time? Will they remain with the father till the custody is won or do they go into foster care? And what happens if the mother does win?

  • @katrinawilliams6620
    @katrinawilliams66207 жыл бұрын

    Can my husbabnds criminal background affect me winning my custody case?

  • @jessicajhonson6280
    @jessicajhonson62807 жыл бұрын

    ilove your vidioe my ex had me locked up my visits was suspened what my ex did he acused me

  • @angelaortigoza6406
    @angelaortigoza64066 жыл бұрын

    How can we email you question?

  • @Jorge86924
    @Jorge869247 жыл бұрын

    Who decides what day you get with your child???? How do they work that out

  • @kinberlyreid2129
    @kinberlyreid21297 жыл бұрын

    thank you u have encourge me

  • @Commandthecourtroom

    @Commandthecourtroom

    7 жыл бұрын

    I'm happy my videos are encouraging you. Remember to Keep on Truckin'!

  • @lachela97

    @lachela97

    6 жыл бұрын

    Command the Courtroom I know you don't know,me but I will appreciated if you check my campaign and help me share it. Thank you,thank you,thank you!! Hi, I'd really appreciate it if you would share and donate to my GoFundMe campaign. www.gofundme.com/cd844-to-get-my-kids-back?pc=sm_co_supportersfeedinvite_a&rcid=bd803b63-09ae-4d83-884b-330e80da8ada Por favor audience a difundirlo Gracias,gracias,gracias

  • @nicoleroberts8981
    @nicoleroberts89816 жыл бұрын

    How can I contact you?? 2 yrs of drug test. NEVER had a positive. 98 clean urines 4 swab test and a hair follicle ALL clean!! I haven't seen my 4 children in OVER 4 yrs!! There's so much to my situation!! Oh yea... I was given full custody as well!! PLEASE HELP ME IF YOU CAN

  • @rubyohara6422
    @rubyohara64226 жыл бұрын

    Hi are u able to help me to get my kids back please and thank u

  • @MrJoel125
    @MrJoel1257 жыл бұрын

    can u fight for a child that you signed over?

  • @chocolatepudding6108
    @chocolatepudding61086 жыл бұрын

    Just need some type of help from someone I need my kids I got to put a end to DSS IN JOHNSTON COUNTY CORRUPTION FORREAL !

  • @arliewaite9319
    @arliewaite93196 жыл бұрын

    Let me tell you some stories!

  • @veronicamcmasters911
    @veronicamcmasters9117 жыл бұрын

    We are in a really tuff situation with my husbands great grandmother the judge gave her and my mother in law co- guardianship a year ago but my husband was never served he didn't know what had happened until he received papers from their lawyer saying that they had guardianship of his 13 year old daughter we are still fighting to get her back because his great grandmother has bad mouth him and we believe that the best interest of the child would be here with Father he has been kept away from his daughter off and on but his has tried he got custody of her last year in April but one day the child had a visit with her mother that at the end the child was upset because she wanted to go back with the mother so the day of the visit we had a lady do the visit so she seen the whole situation how the daughter reacted after the mother left we was at Braums and she was kicking the wall is separates the blooths of the tables so my husband picked her up put her in the car while she's screaming let me go the lady that did the visit seen all this so we got home his daughter had wrote a letter I'm guessing she was planning to show her school the next day so when I seen that I freaked out and honestly I was worried that if she were to squeeze a show that the teachers will get involved in my kids will get taken away so we agreed that the best place would be for her would be go with his aunt for the summer so we can continue doing counseling but instead about a week later I guess they went about guardianship and they were granted that would understand how that happened when he was never served and how they said he was an unfit father when just about a month ago he was granted custody but the judge gave it to them anyways so now we are still fighting but the problem is that his daughter don't want to live with him because a lot of people has talked bad about him to her even his own family his mother passed away so now it's only the great grandmother of the child that has guardianship of her but we don't understand because his grandmother is 80 years old living on half of a heart so there for we believe that the best interest of the child is to be here even if she don't want to but I believe we can get through this with help from a counselor his daughter has been diagnosed with bipolar and depression so if we get here we are planning to get her the right treatment that she needs how can he fight to get her back we have a lawyer but she is very new plus we got her because she would work with us on payments but I think she is just really hurting our case but I could be wrong I don't know the law but we feel this isn't right could you please give us some advice we are afraid that with her not wanting to me here that the judge will say she don't have to he has a aunt that has worked in the same court house that we have court at for 40 years that we believe she is be hide it all we really feel like we won't get anywhere with her being in the same household as the child and the child's great grandmother witch is his aunts mother she don't even drive so I don't understand how can she get her to places I do know she has her kids drive her to where she needs to go being that age she don't drive

  • @t87melmel
    @t87melmel7 жыл бұрын

    how do i email you?

  • @melissarobinson9866
    @melissarobinson98668 жыл бұрын

    Hello, my name is Melissa Robinson. I have had injustice for 3 years. A judge wrongfully stripd my daughter away from me and my other 3 kids with no facts only word of mouth. Please check out my story. I have been on the news 3 times and is currenly awaiting CNN call ffor 2nd interview about my story. Can you tell me what can I do

  • @jaysonebryant
    @jaysonebryant7 жыл бұрын

    THANK YOU SO MUCH FOR THIS VIDEO. I SWEAR I OWE YOU BECAUSE I HAVE REALLY HAVE BEEN FEELING HOPELESS. I MISS MY DAUGHTER SO MUCH AND I KNOW SHE MISSES ME. I LOVE MY DAUGHTER WAY MORE THAN I DISLIKE HER MOTHER BUT HONESTLY IF THE SHOE WAS ON THE OTHER FOOT IT WOULD BE SO TEMPTING TO JUST GIVE HER A TASTE OF HER OWN MEDICINE FOR ONE DAY, NOT 48 DAYS LIKE I HAVE BEEN SUFFERING I KNOW SHE COULDN'T HANDLE ONE DAY OF NOT TALKING TO MY DAUGHTER OR KNOWING WHERE SHE LIVES, ETC. I TOOK A LOOK AT YOUR WEBSITE AND I AM A WEBSITE DESIGNER, IF YOU EVER NEED TO SPRUCE IT UP, REPLY BACK TO ME AND I WILL DO IT PRO BONO AS A THANK YOU FOR THIS VIDEO THAT INSPIRED ME TO KEEP FIGHTING FOR MY BABY GIRL. "IT'S NOT A SPRINT IT'S A MARATHON" SO TRUE.

  • @piggywiggythepig678
    @piggywiggythepig6786 жыл бұрын

    Idk I mean if it was me I would give it up especially if the father is rich lol I’ll just have a new baby when I remarry.

  • @mariamoore1707
    @mariamoore17077 жыл бұрын

    hello what's your email address I have a legal custody question

  • @shannonroy3586
    @shannonroy35866 жыл бұрын

    My girls are my whole world I don't know what to do with out them I don't want to live without them anymore and I don't know what to do anymore I did what ever CPS wanted me to do and they still won't return them to me I feel like I will never see my girls again my heart hurts my heart is so broken

  • @lachela97

    @lachela97

    6 жыл бұрын

    Shannon Roy Hi Shannon I'm in the same situation I live in New york,where is your case?

  • @ti2558
    @ti25587 жыл бұрын

    why don't you talk about Cointelpro and Organized stalking against people with children? Instead that bullshit you're talking about?

Келесі