Hi, Im Matthew Mobilio, founder of Mobilio Law. In this article I am going to talk a little bit about the importance of documentation if you are involved in a custody dispute.
There are many reasons why custody matters are very different than your run of the mill legal dispute. One of the prime reasons is there is generally not a lot of physical evidence involved. In a contract dispute there is generally a contract and business records available for the Court to review. In a personal injury case there are medical records. In custody matters typically the most important evidence submitted to the Court is in the form of testimony of the parties. Testimony regarding parenting ability, the condition of the parties’ homes, etc… The credibility of a person’s testimony in a custody hearing is determined by a judge. Accordingly, it is of the utmost importance to be a credible witness. So how do you become a credible witness? Telling the truth is a good start. But even when truth is on your side, if your testimony is not put forth in a convincing way it will be found to be not credible. In my opinion, the best way to make sure your testimony is deemed credible is to make sure it is as accurate as possible.
For example, if your ex’s home is a pig sty, you don’t want to just tell a Judge that the house is a mess or that its dirty. You want to be able to recite specific examples of how its dirty. Dishes always piled up in the sink, garbage strewn about, the presents of insects, etc…. Similarly, if your ex disparages you in front of your child, you want to be able to point to specific statements made on specific dates at specific times. The more accurate and descriptive your testimony the more credible you will appear. The best way to ensure that you will recall the details necessary to become a credible witness is to document the occurrences as soon as possible after they occur. Also make sure you are saving and printing out all of the emails and texts messages exchanged with your ex or any other person you speak to regarding any custody issues. All of this documentation will then be available for your review prior to your hearing and allow you to recall specific instances with greater detail and make you appear to be a credible witness.
If you have questions about a custody dispute contact me today for a free consultation.