I have a trial coming up and I have to prove that the other parent has not complied to the parenting orders. My children are 18, 16, and 13 years old. I have primary physical on the the 16 yr old. The custody of the 13 year old is the one being disputed on the trial. The controlling order was the parents will have joint custody over the 13 yr old and that they will split the week between them. The other parent only complied in the beginning and has not participated in the care of the child for more than a year now. All the motions I filed only resulted to the upcoming trial. How can I convince the Court of the truth? Can I request for my 16 and 13 yr old be interviewed by the Court? Can I identify my 18 year old as a witness?
At a minimum, you can have your 13 and 16 year old interviewed by the Family Mediation Center. Additionally, some of the Family Court judges will allow you children to testify at the trial. A few of the Judges just simply will not allow it. You need to consult with your attorney on the best way to handle the situation. If you do not have an attorney, get one! The custody of your kids is at stake and a trial requires a professional.
Molly S. RosenblumDivorce / Separation LawyerLas Vegas, NV ·
I agree with Mr. Leavitt that it is possible to have your 13 year old and 16 year old interviewed and possibly even testify at trial. However, depending upon when your trial is, you should consider getting this done ASAP. Child interviews are usually scheduled out about 4-6 weeks from the date they are ordered by the Court so if your trial is in the next few weeks, you should talk to an attorney ASAP about getting the child interview completed and possibly your trial moved so that you can have the Court consider the kids' thoughts. You 18 year old is an adult and can testify at trial. Other things that might help you with your trial include: school records, camp/day-care records, doctor records, calendars, journals, emails, texts, etc. Anything in writing that will help show the which parent has done the heavy lifting and what the time share may be. As Mr. Leavitt stated, if you have trial you should really talk with a family law attorney to get some help and get prepared for trial.
I am going to reiterate what the other attorney's have told you. The questions you are asking are complex legal strategy and procedure questions . The is not a case to go it on your own... talk to an attorney and get some help. If you fail to present this information correctly you could find yourself barred from presenting the information in the future.
