Custody Checklist

  • Jury Trial - upon initial filing, or upon receipt of a summons when the spouse has filed upon you, immediately request a jury trial; no matter how moderate the judge your chances of being awarded full or joint rotating custody are improved in front of a jury with at least some men (fathers) sitting in judgement.
  • Prepare for Joint Custody - no matter what financial circumstances are confronting you you must be able to demonstrate to the Court that you are as equally capable of caring for your children as your spouse. Find suitable living accomodations and have provisions for after school care, day care, etc., ready for presentation to the Court.
  • Attorneys - if you are to be represented have an understanding with your attorney before retaining him/her that you wish to have joint rotating custody and make sure that they are prepared to fight for that goal with all legal means.
    • Must be willing to pursue a jury trial
    • Must be willing to pursue Emergency Motions if contempt in visitation occurs
    • Must be willing to respond to sham pleadings with Motions to Strike and requests for sanctions against the opposing attorney
    • Must be prepared to file a Writ of Mandamus if the Court allows the divorce to languish - the longer the divorce action takes, the greater the emotional and psychological damage to your children
    • MUST be willing to file a Motion to Disqualify against a bad judge upon your instructions
    • Must be willing to promptly file Request for Productions, Request for Admissions, Interrogatories, etc., and ask for sanctions for non-compliance - the case MUST move ahead quickly
  • IMMEDIATELY file an Emergency Motion for Visitation asking for joint rotating custody; the Court is unlikely to grant an emergency hearing but there will eventually be a hearing.
  • WITHHELD VISITATION - IMMEDIATELY and VIGOROUSLY pursue contempt charges against any withheld visitation and ask for make-up time