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#1
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custody argument
In his opening argument, a good attorney will pull out the applicable
statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com |
#2
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custody argument
"fathersrights" wrote in message ... In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com And then the judge says something like: "I have considered all of the custody factors prescribed by law, and raised by counsel for the father, and find it is appropriate in this case to award sole custody to the mother." The problem is family law judges are not required to back up their decisions with specific citations of the law. They use broad brush comments like the one above so they cannot be challenged on appeal. |
#3
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custody argument
"fathersrights" wrote in message ... In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com I was granted custody of my 3 children August 23, 2007. This went on for almost 3 years of continuances for various reasons. The children have their own counsel, and they were found to be of age and maturity to make a decision of which parent they want to stay with. While both the parent's attorneys presented some arguments, the judge actually said both parents are doing a good job. It basically came down to the choice of parent the children wanted to stay with. They children's ages are female 16, male 14, and female 12. They moved from California to Pennsylvania August 24, 2007. It was a bit of a rush to get them enrolled in school that started September 4 and 5, but they are in school and doing great. I do not know how much applicable statute or case law played in this case. There was not much of any attempt to discredit one parent or the other. I am just happy the children's voices were heard and the family court system seemed to work in the right direction for a change. As the father, I can only say that staying involved with the children as often as I could certainly helps. I phoned almost daily. I flew out for the week of their birthdays. I brought them out to PA for Christmas break. I flew them out for summer vacations for the last 4 years. It was the children that brought up the question of whether they could stay in PA, not me. I made every effort to make sure the children really, really, really wanted to stay in PA before filing for the change in custody. I cannot tell you how happy I am for my children. |
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custody argument
On Sep 10, 3:21 am, "TNK" wrote:
"fathersrights" wrote in message ... In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com I was granted custody of my 3 children August 23, 2007. This went on for almost 3 years of continuances for various reasons. The children have their own counsel, and they were found to be of age and maturity to make a decision of which parent they want to stay with. While both the parent's attorneys presented some arguments, the judge actually said both parents are doing a good job. It basically came down to the choice of parent the children wanted to stay with. They children's ages are female 16, male 14, and female 12. They moved from California to Pennsylvania August 24, 2007. It was a bit of a rush to get them enrolled in school that started September 4 and 5, but they are in school and doing great. Did your ex spend the entirety of the child's life since infancy grooming and coaching her for the day she would finally be allowed to testify as to "her" wishes in court? My ex has done this, and continues to do it (daughter is 11 now). If my daughter is ever permitted to testify in court as to where she wishes to live, she will almost certainly pick Mom's house, even though I know in her heart she would much rather live with me. Because of the years of guilt, indoctrination, alienation, codependency, coaching, etc., my daughter probably won't be emotionally capable of expressing her true feelings in the presence of her mother until she's an adult, if ever. She knows it is safe to oppose Dad's wishes, because Dad does not burden her with guilt over her choices. Dad does not put her in the middle of a loyalty contest. She knows is not safe to oppose Mom's wishes, because life becomes a living hell of guilt and tears and drama for her when she does this. I do not blame my daughter for choosing Mom over me at all -- in her mind she really does not have a choice. It really is very much like Stockholm syndrome. Consequently, I live by the court orders, insist on getting every minute of "visitation" I've been "awarded," and make my daughter feel loved and safe and free when she is with me. That is really all I can do until the court realizes that they awarded custody to the irresponsible parent and decide to grant one of my motions for equal time share or a reversal of custody. I believe this will never happen. Congratulations on persevering and winning primary custody. It is an remarkable achievement and I am sure your children will benefit from it. |
#5
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custody argument
Our Daughter wasnt able to talk in court either. The judges dont want to
hear the kids. My daughter was 15 at the time my husband got custodity. The kids did want to live with us. But we were trying to stop visatation and the court told us they never talk to the children. I think they need to. Because more fathers would have their children. Pamela wrote in message ups.com... On Sep 10, 3:21 am, "TNK" wrote: "fathersrights" wrote in message ... In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com I was granted custody of my 3 children August 23, 2007. This went on for almost 3 years of continuances for various reasons. The children have their own counsel, and they were found to be of age and maturity to make a decision of which parent they want to stay with. While both the parent's attorneys presented some arguments, the judge actually said both parents are doing a good job. It basically came down to the choice of parent the children wanted to stay with. They children's ages are female 16, male 14, and female 12. They moved from California to Pennsylvania August 24, 2007. It was a bit of a rush to get them enrolled in school that started September 4 and 5, but they are in school and doing great. Did your ex spend the entirety of the child's life since infancy grooming and coaching her for the day she would finally be allowed to testify as to "her" wishes in court? My ex has done this, and continues to do it (daughter is 11 now). If my daughter is ever permitted to testify in court as to where she wishes to live, she will almost certainly pick Mom's house, even though I know in her heart she would much rather live with me. Because of the years of guilt, indoctrination, alienation, codependency, coaching, etc., my daughter probably won't be emotionally capable of expressing her true feelings in the presence of her mother until she's an adult, if ever. She knows it is safe to oppose Dad's wishes, because Dad does not burden her with guilt over her choices. Dad does not put her in the middle of a loyalty contest. She knows is not safe to oppose Mom's wishes, because life becomes a living hell of guilt and tears and drama for her when she does this. I do not blame my daughter for choosing Mom over me at all -- in her mind she really does not have a choice. It really is very much like Stockholm syndrome. Consequently, I live by the court orders, insist on getting every minute of "visitation" I've been "awarded," and make my daughter feel loved and safe and free when she is with me. That is really all I can do until the court realizes that they awarded custody to the irresponsible parent and decide to grant one of my motions for equal time share or a reversal of custody. I believe this will never happen. Congratulations on persevering and winning primary custody. It is an remarkable achievement and I am sure your children will benefit from it. |
#6
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custody argument
wrote in message ups.com... On Sep 10, 3:21 am, "TNK" wrote: "fathersrights" wrote in message ... In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case! see more free tactics at http://www.fathers-rights.com I was granted custody of my 3 children August 23, 2007. This went on for almost 3 years of continuances for various reasons. The children have their own counsel, and they were found to be of age and maturity to make a decision of which parent they want to stay with. While both the parent's attorneys presented some arguments, the judge actually said both parents are doing a good job. It basically came down to the choice of parent the children wanted to stay with. They children's ages are female 16, male 14, and female 12. They moved from California to Pennsylvania August 24, 2007. It was a bit of a rush to get them enrolled in school that started September 4 and 5, but they are in school and doing great. Did your ex spend the entirety of the child's life since infancy grooming and coaching her for the day she would finally be allowed to testify as to "her" wishes in court? My ex has done this, and continues to do it (daughter is 11 now). If my daughter is ever permitted to testify in court as to where she wishes to live, she will almost certainly pick Mom's house, even though I know in her heart she would much rather live with me. Because of the years of guilt, indoctrination, alienation, codependency, coaching, etc., my daughter probably won't be emotionally capable of expressing her true feelings in the presence of her mother until she's an adult, if ever. She knows it is safe to oppose Dad's wishes, because Dad does not burden her with guilt over her choices. Dad does not put her in the middle of a loyalty contest. She knows is not safe to oppose Mom's wishes, because life becomes a living hell of guilt and tears and drama for her when she does this. I do not blame my daughter for choosing Mom over me at all -- in her mind she really does not have a choice. It really is very much like Stockholm syndrome. Consequently, I live by the court orders, insist on getting every minute of "visitation" I've been "awarded," and make my daughter feel loved and safe and free when she is with me. That is really all I can do until the court realizes that they awarded custody to the irresponsible parent and decide to grant one of my motions for equal time share or a reversal of custody. I believe this will never happen. Of course, because you live in a matriarchy. Congratulations on persevering and winning primary custody. It is an remarkable achievement and I am sure your children will benefit from it. |
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