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Post Info TOPIC: Testifying in a custody hearing... have questions!


Gucci

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Testifying in a custody hearing... have questions!
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I am testifying on behalf of a friend of mine in his custody hearing coming up.  He is requesting full custody of his two children, while his ex-wife is requesting joint custody.  I met them at the same time, and know her just as well, but I feel that he will be by far the better parent, so when he asked me to write a letter on his behalf, I obliged.  Today he asked me to testify in court.  I said I would, but I'm nervous.  I have absolutely no idea what to expect.  He also told me that his ex has my name down as a witness, although she hasn't contacted me about it and I haven't spoken to her since before she walked out on him.  Obviously, I'll tell her no.  Can anyone enlighten me as to what I might expect on that day?  As far as I know, I'm one of three or four witnesses that knows both of them, so there's a good chance he'll use my testimony.  I'm picturing myself on the stand being sworn in and I'm getting very nervous.  Hopefully it's something a little less scary!



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Chanel

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I don't know the specifics of a custody hearing, as I've never done one, but when you go up there to testify (you don't have to be there any other time), just answer the questions put to you as best as you can, even if it's just to say "i don't know" or similar. If I were the attorney in the case, I'd prep you beforehand and let you know the types of questions I'd be asking, go over your testimony, etc. If the attorney doesn't meet with you before, you should ask the person you're testifying for what types of questions to expect, how long you'll be on the stand, and whatever other information he has for you.

All that said, it really shouldn't be all that bad. It's scary but just stop and listen to what the attorneys are asking you and answer accordingly. If you don't know or aren't sure what to say, just say that. No one will yell at you or anything like that. If the attorneys have arguments about questions they're asking you, they'll hash it out with the judge and the judge will let you know when/what to answer.

Good luck.

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Kate Spade

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It's not big and scary like on tv.  When I went, it's an open court, lots of cases are being heard on the same day. It's all done pretty quickly.  There is actually no stand but a long table were both parties stand in front of the judge. You will stay in the seats(don't know exact term) that are in the back of the courtroom. Chances are that you won't even be called.  With the custody case I was there for the first hearing the parents were sent to mediation, the second hearing the judge appointed the child an attorney(depends on the child's age) so now they are waiting for the third hearing. It's pretty interesting. You will most likely get to hear a few cases before your friend's to give you a feel for the vibe.  I was actually excited and was looking forward to being a witness but alas, I never got a chance. Let me know if you have any other questions.

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Gucci

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Thanks, girls.  I feel better now!

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