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Preparing for Evidentiary Hearing and Child Interview

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  • 08-30-2013, 12:36 PM
    dbinaz
    Preparing for Evidentiary Hearing and Child Interview
    My question involves a child custody case from the State of: Arizona

    I am currently in the process of trying to get sole custody of my 15 yo daughter. I have an evidentiary hearing on October 1st with 2 hours of time set aside. My daughter has an interview scheduled with Conciliation services on Sept 16th.
    In July of 2012, my ex and I were in court and agreed on a week on week off schedule. Since school started in August of 2012, my daughter has lived with me full time. Her mother, who was living with her parents, was unemployed and did not have a vehicle, could not transport my daughter to school. Her mother has made no attempt to exercise her parenting time, until I filed with the courts to get full custody. She then, at the hearing had a job and an apartment. The judge did not change the order, but did state that if my ex did not use her visitation time, he would rule differently in July, which was the 1 year minimum for making a custody change. My ex has not spent any time with my daughter, so I filed again.
    My daughter has been very outspoken on how she does not want to live with her mother. My ex has moved 10 times in 10 years and many of those times have been with different men. She is currently on the verge of losing her apartment and having to move again, back in with her parents. The apartment is 2 bedroom and she has a roommate, so the is not room for my daughter.
    That all being said, my question is this:
    I have the option to call witnesses. I have been told this is not wise. If so, what kind of witness would benefit my case?
    What types of exhibits would help? I know the interview will swing towards my daughter wanting to stay with me, full time. Her school, friends and life the last 2 years are all in my neighborhood. My ex lives 20 miles away.
    What if my ex does not complete the Affidavit of Financials, Pre-trial memorandum, etc., can she be held in contempt?

    Sorry this is so long, but any advice would be greatly appreciated.

    - - - Updated - - -

    Zero Replies? That is disappointing.

    Thanks
  • 08-30-2013, 12:52 PM
    Antigone
    Re: Preparing for Evidentiary Hearing and Child Interview
    Quote:

    Quoting dbinaz
    View Post
    My question involves a child custody case from the State of: Arizona

    I am currently in the process of trying to get sole custody of my 15 yo daughter. I have an evidentiary hearing on October 1st with 2 hours of time set aside. My daughter has an interview scheduled with Conciliation services on Sept 16th.
    In July of 2012, my ex and I were in court and agreed on a week on week off schedule. Since school started in August of 2012, my daughter has lived with me full time. Her mother, who was living with her parents, was unemployed and did not have a vehicle, could not transport my daughter to school. Her mother has made no attempt to exercise her parenting time, until I filed with the courts to get full custody. She then, at the hearing had a job and an apartment. The judge did not change the order, but did state that if my ex did not use her visitation time, he would rule differently in July, which was the 1 year minimum for making a custody change. My ex has not spent any time with my daughter, so I filed again.
    My daughter has been very outspoken on how she does not want to live with her mother. My ex has moved 10 times in 10 years and many of those times have been with different men. She is currently on the verge of losing her apartment and having to move again, back in with her parents. The apartment is 2 bedroom and she has a roommate, so the is not room for my daughter.
    That all being said, my question is this:
    I have the option to call witnesses. I have been told this is not wise. If so, what kind of witness would benefit my case?
    What types of exhibits would help? I know the interview will swing towards my daughter wanting to stay with me, full time. Her school, friends and life the last 2 years are all in my neighborhood. My ex lives 20 miles away.
    What if my ex does not complete the Affidavit of Financials, Pre-trial memorandum, etc., can she be held in contempt?

    Sorry this is so long, but any advice would be greatly appreciated.

    - - - Updated - - -

    Zero Replies? That is disappointing.

    Thanks

    Who told you that it was not wise to call witnesses?
  • 08-30-2013, 01:38 PM
    Mr. Knowitall
    Re: Preparing for Evidentiary Hearing and Child Interview
    If your ex- does not provide information requested by the court, then the court will consider that fact when evaluating the case. Contempt proceedings can be initiated after somebody violates a court order; the type of omissions you hypothesize would not normally result in a contempt petition, but you are free to attempt to initiate contempt proceedings if you believe the court's orders and facts of the case support them.

    If you present witnesses, you would want witnesses who can support your theory of the case under the best interest factors, and who can help establish the status quo, how long it has existed, how it differs from the terms of the most recent custody order, and how the facts constitute a material change in circumstances sufficient to form a basis to revisit the last custody order.
    Quote:

    Quoting dbinaz
    Zero Replies? That is disappointing.

    If you need a response within minutes, go hire an attorney. Being rude to the site's volunteers won't help.
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