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Parent Testimony in Custody Disputes

By Elaine Lewis
June 30, 2005

When it comes to custody matters, it is often difficult for parents to stay focused on the concept of the “best interests” of their children when they themselves are going through so much turmoil at the prospect of losing close parent/child contact. Although they may want to work out a harmonious custody arrangement for the good of their children, parents' own feelings of hurt, anger and frustration may surface at the wrong time, undermining their credibility with the court and thwarting their efforts to plead their case.

Of course, as in all litigations, the attorney must prepare the parent for a custody trial by going over the basic fundamentals of testifying: how to listen, how to answer only the question asked, the difference between direct and cross, how to behave, etc. But once that foundation is in place, the next step is to prepare the parent to testify persuasively about the crucial information the court needs in order to make a custody decision. Here, it is important that the client be made aware that venting rage, bickering and whining while on the stand will do nothing to help his or her case.

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