When it comes to child custody cases, it is necessary that you know how to present and prove all your claims before the judge hearing your case. As a general rule, the party claiming for the sole custody of a child in a previous marriage or in a soon to be dissolved marriage has the burden of proof to show that all his or her allegations are true. The said party has the obligation to convince the court that he or she should be declared as the custodial parent.
The best way to do this is to present reliable and admissible evidence in your favor. By practice, testimonial evidence is usually the type of evidence presented by the claiming party. The testimonies of different persons will be taken into consideration by the judge before it will render a decision. Persons who have personal knowledge of the relationships of the party litigant and the child involved must give their positive testimonies during trial. The lawyer of the opposing party may cross-examine any of the said witnesses.
Oral and written testimonies of these persons are admissible in the courts of law provided that their testimonies are credible:
- Members of the nuclear of extended family
- Social workers who have interacted with the child involved
- Daycare providers
- Psychologists or psychiatrists
- Teachers who are considered as the second parents of the kid while the latter is in school
- Extracurricular activity leaders such as the head of the boy scout organization or the leader of the camping group of the child
- Sports coach or those who have supervised the child during some outdoor activities
- Parents of the child’s playmates or friends
- Neighbors or people who are within the community where the filing party and his or her child maintain a resident
It must be noted that the enumeration above is not exclusive. As long as a particular person has a personal knowledge and can give a positive testimony as to the relationship between the parent and the child, he or she is qualified to testify in court. If you are the party who has instituted the civil case for child custody, always remember to have a constant communication with your Milwaukee divorce attorney. This is necessary in order to ensure that you are prepared during the court litigation. Most importantly, constantly talking to your attorney will give you a boost in confidence that you have a big chance of winning the case against the other spouse.