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Preparing a Parent for Trial

By Elaine Lewis

All family lawyers know that a custody trial is about what is best for the children. Parents may think they understand this, but often do not “own” the concept because they are so obsessed with their own problems. The hurt and anger over what has happened clouds their thinking. Facing the possibility of part-time parenting or substantially reduced parenting time, they have difficulty focusing on what is best for the children. This is not to imply that the parents do not care about their children's needs, but getting them to express their concerns for their children instead of using court time to vent, tattle, bicker and complain, is often a formidable task.

Preparing a parent for a custody trial includes, of course, the basic fundamentals of testifying. That means how to listen, how to answer only the question asked, the difference between direct and cross, how to behave, etc. Once that foundation is in place, it is necessary to go to the next step of preparing a parent to testify persuasively about the crucial information the court needs in order to make a custody decision.

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