“Witnesses in Custody and Visitation Hearings”

Most people believe that having a lot of witnesses to come to court to say what a good parent you are is a key part of your family law hearing. While this CAN be useful in very limited circumstances, most of the time this evidence is simply disregarded by the judge, because most people can find family and friends to say that they are good parents. Here are some kinds of witnesses that ARE useful:

*Witnesses who have witnessed bad actions by the other party. This can include abuse of children, neglect, displays of temper or violence, drug use, alcohol use, or any other mater than they have directly witnessed and can testify about in court.

*Witnesses who have seen your daily or weekly schedule and can testify how often the children are in your case. (This is particularly useful in cases where past time share is an issue.)

*Witnesses to inappropriate behavior at exchanges.

*Witnesses who have seen harassing or stalking-type behavior.

There are times where the character witness is important, but for the most part the judge wants to hear from people who have directly witnessed the behavior of the parents and can say whether it was good, bad, disturbing, or whatever.

There is another category of witness, which that of teacher, school administrator, medical doctor, or other professional. These are used to prove things like school attendance, school behavior, or lack of medical care. If you need this kind of a witness, you should seriously consider hiring an attorney, as they can be difficult to subpoena correctly and getting documentary evidence can also be difficult.

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

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