subject: Fathers Should Take Control Of Their Family Court Trials - Pro Se If Need Be [print this page] Effectively proving your case in a family court trial is essential for helping you to 'win' your case or to be able to make an effective appeal if you receive an unjust or unfair final judgment. You must be aggressive at proving the case for you and against your 'ex' on the issues at hand. Understanding how to prepare for and carry through your trial - with or without a lawyer- is your responsible approach to protecting you and your children.
Family court judges generally award mothers custody of the children while making fathers noncustodial parents obliged to pay up to a third or more of their income in 'child support' payments. They do so by asserting that they can decide who will get custody of the children based on the judge's determination of 'best interests of the child' and by adhering to views that discriminate against father's constitutional rights and equal rights. The family court system, strongly influenced by the divorce and domestic violence industry, rewards judges for these unconstitutional violations.
Make no mistake - the family court is a kangaroo court. There is no jury in family court trials, so the judge plays both judge and jury. Most judges have in mind who will win - and this is overwhelmingly slated to be the mother. Judges know how to 'justify' their unconstitutional, discriminatory, and anti-fathers rulings.
But you can somewhat overcome or reduce the bad effects of this circumstance by preparing for and doing your trial well.
*Can You Do Your Trial as a Pro Se?
You can do your own trial with or without a lawyer. A pro se litigant is one who represents himself to the court without a lawyer. It's not easy, but if you're willing to organize your time to prepare your case, your questions, and the proof you'll use to prove your case, you certainly can do it - sometimes more effectively than a lawyer who so often doesn't want to spend the time necessary to make a good case.
You, as a father, often understand your case far better than your lawyer and can bring out the points better than a lawyer who just wants to pick up easy and lucrative fees from you and do the minimum work. He doesn't want to aggravate the judge in any way, either.
But if you do use a lawyer, you should understand what must be done and accomplished in preparation of, during, and after the trial to give you a fighting chance and the ability to appeal a bad judgment if the judge goes against you.
Most all states have no-fault divorce. So under a complaint for divorce you will end up divorced. But no states have an automatic default for giving shared or equal custody (i.e. both physical and legal custody) to parents. And none will give shared physical and legal custody if one parent objects. So, women who realize that they need only object to shared (often called 'joint') physical and legal custody will be the parent to receive custody of the children.
As a result, women almost never agree to share physical custody, while most men seek shared custody for the sake of both parents AND the children. These mothers object to sharing in order to get full physical custody. Then they often begin alienating the kids from their father so the kids will never wish to change custody later when they're older. That pure vindictiveness of mothers is fostered by our perverted family courts - and the money, power and feminist agenda that control these courts.
This circumstance unfortunately forces men to seek full physical custody in the trial process. But if there is the slightest chance that a father may win at trial because of his good preparations - and because of some problem with the mother's behavior - then she may then be willing to settle for shared custody as a compromise.
Lawyers often promise fathers that they'll go to trial to fight for the fathers' rights to parent his children. But then, they sell the father out by suggesting a settlement that deprives a father of his children. Or a lawyer may conduct a pathetic trial - because of his laziness or lack of money on the part of the father. Often, the lawyer's badly prepared trial not only loses the father's case but undermines his ability to create an appeal that has a chance of winning - i.e. reversing the bad final judgment.
So remember...preparing a strong case in trial not only significantly increases your chance of winning but also increases your chance of winning on appeal if the judge does make a horrendously unjust judgment contrary to the testimony, record, and evidence of the trial.
If you maintain a lawyer throughout your case, you should still work closely with him on how he and you intend to prove your points and undermine the other side's points. Don't let him keep you in the dark!
by: Shane Flait
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