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Divorcing? Having problems post-divorce?
I recently posted this on another site. This may help those. I don't know, but certainly is worthwhile, ableit it is extremely long. For those that don't need the information, please copy and save it in your documents folder. Eventually, you will find someone that needs it, if you don't...
Eric
Original Author: Tom
WHY ARE YOU HERE?? This is not a silly question. You are
about to learn a whole new meaning of the
term,"rebuttable presumption," and why it applies
exclusively to you in Family Court.
Trust me, you're in for the fight of your life. If you're not
prepared, you can bet the other side will rebut you right out
of fatherhood and into poverty. Your children, with your
current and future finances, will be out of your life
forevermore.
Your goal therefore, demands a strong offense. This requires
dedication, support, "pro-active" planning, and
lots of research. In other words, PREPARATION IS EVERYTHING!!
The following list is neither conclusive nor is it
exhaustive. For that matter, not all of it will apply to you.
Nevertheless, its intent is to get you to think, ask hard
questions, and above all, to be prepared. Copy it. Print it.
NEVER let your STBX see it.
What ever you do, NEVER YOUR MARITAL RESIDENCE unless ordered
by the court!! If you do, your STBX is free to do unto you as
you are about to do unto her. It'll be a mistake that'll cost
you dearly.
If you're not THOROUGHLY prepared, the other side will find
your weakness and work you over. Their primary purpose is to
"soften you up" and get you to give up custody
WILLINGLY!! "THEY HAVE METHODS!!" They'll even
recruit your attorney and get you to sign documents you'll
later regret. If you're not prepared, and if you fail to
choose your attorney wisely, there'll be nothing left of you
when they're done.
If your STBX files first, she's already plotted her next 10
moves against you. This is not where you want to be. If she
files first, you can expect:
1) a restraining order that evicts you from your house and
prevents you from contacting your kids.
2) to pay temporary child support, temporary alimony,
community debt, and/or bills accumulated by your STBX during
these proceedings. This can be 1 to 3 years. You'll be
bankrupt well before trial.
3) to pay court costs and other fees, in addition to expenses
mentioned above: GAL; Custody/Child Evaluator; Psychological
evaluation; Your STBX's attorney fees.
EXPECT HER TO LIE. EXPECT THEM TO BELIEVE HER. EXPECT NO
FAIRNESS. EXPECT TO NEED MOUNTAINS OF EVIDENCE TO PROVE YOUR
CASE.
Their goal is to "bleed you dry" and beat you into
submission. You'll never see the last of their dirty tricks.
It behooves you therefore to be very prepared very early.
NEVER BE IN A POSITION WHERE YOU HAVE TO PLAY
"CATCH-UP."
If you've got "skeletons" in your closet, prepare
accordingly, ahead of time. Do likewise with your STBX's
skeletons. Gather all incriminating info while you can. Never
give her the opportunity to cover her tracks.
For starters, develop an EARLY GAME PLAN to win custody.
Execute your play according to YOUR timetable. Pick your
shots. Make them count. Timing is everything. Keep the other
side off balance. This is very important.
Lay out a trap-line for your STBX. Perpetually work on
setting her up for the fall. You know her weakness. Bait
her!! Give her every opportunity to make a mistake. Spring
your trap in front of the camera and in front of witnesses.
Document everything.
Everything must be documented in a WELL-WORDED journal. What
you write must be factual and correct. At trial, your journal
will be a valuable source of events, dates, and patterns of
behavior. Your journal should also contain surprises to keep
the other side off balance. Most
importantly, your journal will discredit fabricated testimony
and lies you can expect from the other side.
Along with your journal, gather supporting evidence with
photos and videos. Put a trace program on the computer and a
recorder on the phone. Don't be afraid to record phone calls.
Make it your business to know where your STBX goes in
cyber-space. Above all get witnesses, especially
professionals involved with your STBX & kids. You may
want to hire a PI. A visit to your local spy shop will be
very worth while. Think of it as an investment.
Your journal, together with supporting evidence, will help
you. More correctly, they will help your attorney. Remember,
your attorney is only as effective as the information you
give him. If he gets little from you, you can expect little
in return.
Type and/or otherwise arrange journal notes well in advance
of trial. Reserve plenty of time to review your journal with
your attorney. You must bond with your attorney, and he must
bond with you. Both of you must be "reading from the
same page" between now and trial. Be sure save your
original journal draft. You may need it.
YOUR JOURNAL IS THE TEMPLATE OF YOUR CASE!! Guard it
carefully. It contains secrets the other side would love to
have. Above all, BEWARE of so-called "neutral third
parties," like the GAL or Custody Evaluator. These thugs
are anything but neutral. They will specifically target their
report and/or testimony to discredit everything you've
written. To guard against subpoena, address each page to your
attorney. Remember, the primary purpose of your journal is to
rebut and/or otherwise discredit the lies and fabricated
testimony that'll come from the other side. THIS IS OF THE
UTMOST IMPORTANCE!!
Never sign anything the custody evaluator asks you to sign -
even if it's a scrap of paper that states you agree to XYZ
conditions. This is a trap. Anything you sign becomes a
bona-fide legal document that will be used against you in
court.
PLOTTING DATA (patterns of behavior) from your journal:
It's very important to have supporting evidence to back up
your documentation. Photos and witnesses are ideal. However,
you can't always count on people, nor can you count on having
a camera when you need one. Therefore, you must build your
case with what you have. YOUR JOURNAL!!
If done properly and consistantly, your journal becomes the
heart and soul of your case. It is filled with important
data. This data shows your STBX's pattern of behavior over
time. In other words, you can scientifically predict how your
STBX will behave based upon the data you've collected.
Remember, when plotting scientific data of any nature, you
can expect surprises. Remember, surprises are what keeps the
other side off balance.
Data from your journal can be plotted on a graph, a pie
chart, or bar chart. For comparison, it's a good idea to use
all of the above. You'll need Excel software.
Plotted data are much easier to intrepret, both for the judge
and your attorney. Plotted data show large blocks of evidence
at a glance; ie, parenting history/behavior. This helps rebut
the built-in bias of the system, and scientifically supports
your bid for custody.
Keep in mind, a single "judgement error" will NEVER
get the judge's attention. However, a "PATTERN" of
well-documented judgement errors, supported by evidence, will
make a difference.
Remember, neither the judge nor your attorney want to sift
through endless streams of relatively "meaningless"
journal data. Consider your audience. It's up to you to make
things as easy as possible for them both.
SET YOURSELF UP TO WIN!! Pay attention to detail. Follow
through on leads. Don't get side-tracked!! Use only what
works for you.
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