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EnglishVoice Age
Young Adult (18-35)Accents
North American (General) North American (US General American - GenAM) US African AmericanTranscript
Note: Transcripts are generated using speech recognition software and may contain errors.
Hello and thank you for listening. My intention is for this podcast to reach listeners like myself who had no clue at the beginning of their high conflict custody battle on how to proceed. Even if this is the only episode you listen to, I hope you take something away from this that can help your specific situation. So let's get into it. Today's episode is about how the judge determines custody and I know you're listening to this podcast because you want to know how the judge in your case is going to determine custody. As the title entails. Every person has their own perspective and has their own way of viewing any one particular situation. However, keeping that in mind, every state still does have a set of guidelines or points that a judge pays close attention to when determining who gets custody. Now, around the beginning episodes of this podcast, I had informed you that only after six months if a child or Children stay in a particular state, then that new state can legally become your child's home state. And if custody has not been established, then that new state has jurisdiction. And you know what, I really hope that you're not going this alone, like heading into court unsuspecting unprepared thinking, you're just gonna go in there and tell your truth and not really know the steps to take. I mean, but if you are if you haven't allowed fear to stop you and you still aren't too sure on what's to come, but you know, you're going to represent yourself and and fight for your Children, then I'm super proud of you. I'm proud of your strength. Um I'm proud of your resilience, your tenacity and your determination. So send me an email, especially if you win. I want to hear how the case went for you, if you did this all by yourself without any help and your own proper person to court or pro say, they say. And you know, this podcast thrives on inspiration of the wins of others and the successful stories. So email me at Miss Nicole Daniels at M S. MS Nicole Daniels at yahoo dot com, visit the website child visitation help dot info and you can contact me there. I also have a facebook, it's facebook dot com forward slash Nicole Daniels 888 before I get into the set of guidelines or the points that judges pay extra close attention to when determining who gets custody. I want to talk about your appearance in court. Now, as you're sitting on the stand questions are being asked of you, Everyone including the judge, the lawyers and other individuals sitting in the public seating area who may be waiting to get their case called. They're all watching you. The judge and the lawyers and the bailiffs. They're all watching. So it can be a very uncomfortable situation and if if you don't think that's uncomfortable. If you're used to being speaking in public, then that's great, but the lawyers are trained to present evidence that may suggest whether someone is lying or telling the truth and the judge is experienced enough to deliberate on that evidence to determine if both sides are truthful or which side is more truthful. And then they use these guidelines. I'm going to get to in just a second here to determine who gets custody. I want to say this here, that credibility in court, especially family court, is currency. It is literally the core of your case. How credible are you? That's why it's important that you answer the interrogatory truthfully, if you don't know what those are or why they're important, that's exactly why I'm here. I remember when I got my interrogatory, I saw what it was, but I had to I still had to research it. Like, what is this? Why do they need this? Can't I just write a letter to the judge? I really want you to know that I've been there with that uncertainty and it can be overwhelming. I know. But back to what I'm saying, your appearance in court. Okay? Now, according to Rachel Gillett and Samantha Lee who interviewed Mark Bhutan, a 30 year old FBI interrogation agent, he explained that there are telltale signs of someone who's lying. Whether that be chemical signs, physical signs or just nervousness. Um, but first they watch your eyes if you're uncomfortable when you're asked a question, the eyes may dart back and forth. This is why in the beginning of uh you being placed on the stand, they ask you basic questions that aren't too uh doesn't hold too much pressure. Okay, So when they get to the root of the interrogation, if you will and the harder questions come out, when you have to think of things, you have to remember things and recall certain situations. They take those normal questions, the response to those normal questions and they compare them to the responses to the, to the more difficult questions. So they definitely watch your eyes if they're shifting back and forth really quickly, that can indicate that you are not telling the truth. Rapid blinking. The average person blinks about five or six times a minute or once every 10 to 12 seconds bouton's says. And when stressed for instance when someone knows that he's lying, he or she is lying uh maybe like five or six times in rapid succession. So uh number three often people close their eyes for more than a second at a time when they're lying and my favorite one is right handed. People look up into the right when they're accessing memory, okay? And up into the left when they're accessing fantasy. So when they're creating a story, right handle people right handed people look up into the left, uh, and some people look straight when they're trying to recall a visual memory. So in court as you're answering these questions, both sides are jotting down notes. Um, and this is just a double back to catch and see if you are telling the truth about something as the case moves further further on. So let's get into the factors, a judge often bases his or her decision on a number of distinct variables that all contribute to what's in the best interest of the child rather than just on one single aspect. The following are typical factors the court takes into account while while deciding on custody and visitation. One, if state law allows And the child is older than a specific age, typically between the ages of 12 and 14, the child's preference is taken into consideration any particular emotional or medical requirements. The child may have, uh, three, the bond between the child, their parents and any other Children, any other siblings living in the home. The parents physical and mental condition, including any indications of abuse of drugs or alcohol, the parents way of life, their financial security and their capacity to meet the child's fundamental needs. Any history of domestic violence in the household as well as any indications of harsh punishment, emotional abuse or sexual or child abuse, current residents and routine of the child. I think this has to do with like how long the child has been living in one place. That's what it means by like current residents and the routine of the child. What's their day to day routine look like where they currently are, including any daycare facilities, educational institutions and extracurricular activities. The effects of a custody change on the child's mental health and social development As each family is different. The court will often apply this pertinent these pertinent considerations to cases on an individual basis. For instance, if a father's main justification for requesting custody is the fact that the mother has located 10 times in the previous two years and the child has frequently been transferred from one school to another. The child's academic achievement according to the father has been impacted by the move, right? And this is true. The mother's lifestyle and stability, the influence of a change on the child and the child's educational position are only a few examples of the variables that the court may take into account as promised. When you reach the end of the podcast. There's a answer to a question from one of our listeners by the way, thank you for listening. We are currently streaming in six countries right now. So thank you. Thank you. Thank you. And this question though, that came into my email last week, I know I like twitter. So you can definitely use twitter to message us at visitation pod. Um, but this game into the email, Miss Nicole Daniels at yahoo dot com and she said Nicole, I need advice on how to start organizing for court. I have all the evidence etcetera. Everything I need comma, I am just trying to figure out the best way to organize it all and whatnot. Okay, so that's what she said. And well this is the first question that I'm gonna say has to has a two part answer to it. So the first part of the answer is put your evidence in chronological order from start to finish. This is key when organizing your evidence, whether you're doing it alone or whether you have an attorney, it saves you hundreds of dollars. Okay. You can go in there. Yes and submit your evidence in a pile of pictures and random texts. Okay. And say this is all of my evidence. And then yeah, you'll be charged thousands of dollars because the attorney has to literally comb through that. But if you have specific points that you want to bring up, let's say like for instance with the example of the Father uh he wants to he wants custody because he says that the mother has relocated 10 times in the previous two years. Okay. Well he has to show proof that she has relocated and that the schools have changed, how how involved is he in those extracurricular activities for him to have to take on the burden of making up for the movement that the mother has done Things like that. And you want to start from the 1010 times. You wanna start from the first time she moved and and keep track of every address that she's had and what school he's gone to and what issues occurred. And you have to again, chronological order. That's very very, very, very important. Second. What are you trying to prove in court? Like again, the father is showing that there's an issue with the child's education. That's fine. Okay. Um if you're trying to prove that your ex is abusive, then you need to have proof of that. Like medical records such as emergency room visits, police reports, photos of the bruises or whatever you have going on now, how to present those things are a whole different beast. And I actually offer a course on this called the the Ultimate Custody Mastery course and I don't work with a lot of people at one time so that all my attention can be solely focused on you. So visit the website at www dot child visitation help dot info and select mastery course. For more information. And you have reached the end of my podcast as always. This is Nicole Daniels, wishing you the very best and the rest of your week be well.