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Cross Examination Questions In Child Custody Trial

A custody trial follows pretty much a stereotyped procedure in any state of the country. At the commencement of the case, the plaintiff’s and defendant’s attorneys make opening statements briefly outlining the strengths of their cases and how they propose to set about substantiating them.

The first of the plaintiff’s witnesses is then called and cross-examined by the plaintiff’s attorney. Next the defendant’s attorney’s cross-examines the witness with a view to finding flaws in the testimony. The plaintiff’s attorney is then given an opportunity to rectify any damage done. The process is repeated with all the plaintiff’s witnesses, after which, the defendant’s attorney calls their witnesses and the process repeats. If the judge so desires, both attorney’s then make closing arguments.

There are certain parameters the judge will examine to determine a custody case. Needless to say, the cross-examination questions by both sides will relate to these points with both attorneys trying to prove that their clients are better suited to assume custody. Some of these facets are:

• The child’s emotional, moral, material, social, and educational needs.
• The dwelling environment of each party.
• Each parent’s relationship interpersonal and otherwise, with the child.
• The child’s first choice, if old enough to make a mature decision.
• Domestic violence history
• The child’s physical safety

If there is any evidence of domestic violence and child abuse against one or both parents, the judge will make an instant decision with the child’s safety at heart. The judge might well rescind this decision at the close of the trial.

In certain cases, where the judge has difficulty in arriving at a decision, a family court representative may be appointed to further explore the relationship and circumstances of both parents, and help the judge make a fair and just decision.

More Articles :

• Child Custody And Domestic Violence Victims
• Cross Examination Questions In Child Custody Trial
• Fathers Rights For Child Custody
• How Can Mothers Get Custody ?
• How Easy Is It To Change To Joint Physical Custody ?
• How To Make A Parent Take Custody Of Their Child ?
• Law On Custody Jurisdiction

 

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