Lying in Custody Court: How to Combat a Lying Spouse in Court

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IN THIS VIDEO:

In these types of custody cases, it really boils down to what a person is saying vs. what the other person is saying during the custody hearing and who the judge or jury is going to believe. In every family law case that goes to trial credibility of that witness is the issue. Credibility means how reliable is each witness & there are a lot of things that the judge can look at when deciding whether or not to believe a witness.

1. The person's manner when testifying meaning are they acting nervous, are they pausing a lot before answering certain questions? Do they start crying or are they sweating...These things can be considered when deciding on the believability of the witness.

2. Non-verbal communication, whether or not they get hostile when the other attorney or party is cross-examining them, their ability to recall events or details or dates or how specific their testimony is when it relates to important events.

These are also good tips in general on how to prepare for a custody trial:

In any family law case, it is also very important to practice your testimony and your witnesses' testimony before you set foot in the courtroom. I always sit my client's down and we go through a role-laying exercise, sometimes 2, 3 or even 4 times before we go into the courtroom, especially if my client is having some anxiety about testifying and most of them are because it's a stressful and not a natural situation when you go into the court and testify something as personal as your kids, your money, your property, debts, lifestyle, your current relationships so it really does help to practice.

Also, get your witnesses prepared by having them practice their answers that you will be asking them in court. Let them know what you will be looking for in their answers. Also, prepare them to be cross-examined as by the other divorce attorney. This is a big mistake that people make when preparing. They fail to get themselves their witnesses prepared for cross-examination by the other attorney.

Always be straightforward and forthcoming with the court. In some states or jurisdictions the judge can actually ask questions to you or your witnesses and also the jury can write questions they want to be answered. If the other party proves that you haven't given the information it can come back and bite you.

☎️You may Contact Wendy Hernandez at 602-230-2333 or visit

💼Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

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*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.

#childcustody #childcustodycourt

[sharicraig]

the whole sad part about the remembering everything is that when you're traumatized you literally lose your short-term memory and some of the memory of the trauma so the court needs to rethink that one

[livingfree]

My body literally violently shakes and my lips shake so bad that I can barely speak. I have PTSD due to the Florida judges who yell at you, bully you, intimidate you-throw you in jail & favor the abusive parent.

[granthicks]

What about when the judge lies, covers up his lies, and favours liars and abusers?

[nickziganto]

Unfortunately this doesn't hold true in Illinois for Fathers. Ive proven the mother has lied over 40 times in the past 15 months and that these lies not only restricted my parenting time but were not in the best interest of our child. Neither judge we have had ever openly acknowledged the mother's compulsive lying, but rather they swept it all under the rug as her being a first time mom. She's been a mom for over 18 months now and the lying hasn't ceased. The sad part is how terribly the first judge treated me when she believed all of the terrible things the mother said. I'll never get that time back with my daughter.

[zediahtimmons]

I proved the lies of my ex with documents and texts and judge told me it was just words on paper. Then turned to my ex and believed her without proof. Even though I had proof

[anubismalack]

Some times people cry because they are very emotional not because they are lying

[zediahtimmons]

I showed proof of my ex lying by facts and documents and he didn't believe me. And he asked my ask questions and took her word for without facts

[coloradotrue]

Honesty with your self and your abilities to care for the child(s) is extremely important. Learn to express yourself to the Court in a way that is not a personal attack on the other parent instead use exhibit(s) and state fact(s) of your abilities to respond to your child's needs. Try to have a lawyer for a least limited representation work they can help you get certain documents, help you sopena people, provide helpful statues and put together exhibit books.

[dianavaz]

What happens when one of the parents was represented unfairly. They took advantage of her lack of speaking english.

[mikewhitney]

You don't have to prove the best interest of the child to the state. In fact it's the states burden to prove a parent unfit using strict scrutiny due process guidelines and that parent is under no obligation to help them. Unless the state does this then they have no rights or jurisdiction to preside over anything at all much less making decisions of a childs best interest over a fit parent. - People need to realize that the entire family law industry is a sham and not even fit for purpose. Learn the real law and assert your rights without compromise no matter what the family law judges & lawyers tell you about state jurisdiction in civil courts of equity. It's all a scam.

[jenabell]

I've never lied and have done every thing correct and lost custody of my daughter for the summer. my daughter has been with me her whole life and now we are without her :'( the system has always let me down :'(

[kingtitan]

Your theory does not take into consideration the courthouse, some just religiously just choose the mother no matter what. I was warned about our court house in our county. Beware of our corrupt system in some counties. In cases like mine save your $25, 000 and move on. Don't fight liar's in You will lose.... Save your money....

[jaysonebryant]

All I want is to be able to see my baby girl, for the past 8 months I have flown from California to Indiana and Atlanta to see my daughter once a month for no less than a week at a time. We have bonded and I have videos and pictures to prove it. Her mother is a compulsive and habitual liar and I have witnesses to prove the as well. I don't have a court date yet and I am trying to get myself ftoghether but I am really hoping that she exposes herself and the judge sees it. I am a calm person and she on many occasion has acted out physically. I know how she is and I have a feeling that out of her desperation to keep me from having shared physical custody, she will lie and make an accusation that a will cause more harm than good. On the other hand I don't want her to act a fool because if she shows out like she has in front of my family and hers, the judge will award me sole custody and that might make her even crazier

[hayleekakuske]

I would love to have you as an attorney. My husband and I had a cut and dry, quick and easy case. It got drawn out for 2 years, we are still dealing with it. Grandparents rights case where his biological mother is seeking to hold guardianship of our child. The guardian ad litem in this case ruled in our favor and believed his mother should have at least 1 court ordered weekend a month to ensure a bond with our daughter. We were ok with this, and then the judge decided to go against the GAL and tell my husbands mother she would be granted guardianship and would have our daughter on a joint custody term. Of course we are fighting this and are baffled by his response and decision. What do we do? How can we fight this?

[asifugaf]

wish you were my attorney! getting NONE of this help our advice from my lawyer! !

[iamaletheiab]

omg I just went through this 3 days ago. I was afraid to talk about it on y channel but it felt so good to let it out. You are so right being honest is the best and yes no giving more then what they asked is good lol. Love your video. Oh and yes I won yeah.... you have a new sub !

[Irizarry]

Hello Cindy
Can you please explain how "For the Best Interest of the Child Evaluation" can help the father in a child custody battle.

[palminaitaliana]

Yes, this is *PENDING YOU ACTUALLY GET A TRIAL IN FAMILY COURT PROCEDURES* Most cases you don't get a chance or are refused outright to get a trial and they go right for the throat and cut off your rights and go for crown ward or adoption.

[queenvero]

Been trying to efile my modification for a court order out of state in the state of Florida has been a mess. Florida attorneys only want money and dont give good advise. I learned on my own by watching youtubes videos

[Thelastoldstock]

Congratulations to getting more money out of the father that he could be spending on his child instead of being blown by some fall down mom