Never give up the fight in your child custody case even if you feel your case is hopeless.
2 real cases where my clients had given up hope but we ended up winning the battle.
You may feel hopeless because you think your spouse has the upper hand and you may just feel like giving up. In the course of my practice I have had a lot of clients tell me that it’s not worth it, it’s too expensive, it’s too stressful and they want to give up.
However in every case after I have talked to my clients & stressed how important it is to have rights to have their child in their lives, not one of them chose to give up and kept fighting.
This week I have gotten a few emails from my viewers. In one email the mother was feeling very discouraged. She had downloaded my best interest checklist at and after reviewing all the best interest factors she came to the conclusion that she was basically ‘screwed’ in her custody case and the father was going to get everything he...
There are actions you can take now to increase your chances of success in your family court hearing.
Hi I'm Wendy Hernandez and in this video I’m going to give you a few real world examples of ways to increase your chances of success in your divorce or custody case:
Let’s say your ex-spouse is alleging that you have mental health issues or a mental health issue and you are denying it. One thing you can do to squash that accusation or allegation is go out and get a psychiatric evaluation. These evaluations do come at a cost however you could save money from the get go instead of having to fight this custody or divorce battle for months.
Now it may be that you do have some type of mental health condition but there is no shame in that. In that case you would show the other party what the condition was and what kind of treatment you are receiving and that you are complying with a course of treatment the doctor has prescribed for you.
By going above and beyond you are...
If you wait to gather your evidence & witnesses for your custody court hearing it can cause dire consequences.
You could lose parenting rights or custody of your child.
Today I want to share a piece of advice that is really very simple but is really powerful if you use it. If you are in the middle of child custody court case or think you will be in the near future, don’t just sit by and wait for something to happen. Take action now before the worst could happen.
If you do nothing, the other parent may be able to get a final order without you.
The reason I am giving you this advice is that in the last week alone, I’ve had a couple of people come and consult me and some really bad things had happened involving their families. It is because they didn’t take action until it was too late.
A man had receive paperwork from his ex-spouse and mother of his child and he claimed she was trying to terminate his parental rights. In the paperwork their were instructions to...
Today I want to talk about whether a parent who is not seeing or spending time with his or her child or children stands a chance of getting joint custody or parenting time.
Can this result in one parent getting sole custody of the child?
Will it result in a restriction of parenting time allowed for one parent?
Whatever State you are in you should research your child custody statutes. And in those child custody laws there is going to be a list of factors that the court is going to consider in making a decision about custody and or parenting time.
Again, this list is commonly referred to as ‘The Best Interest of the Child Factors” And not ONE factor controls, in other words the judge usually looks at the Interplay between a bunch of different factors. Not one factor is going to outweigh all of the other factors.
So the fact that a parent is not spending time with the child is not the only thing the judge is going to look at regarding whether the parents will get...
What you need to know if you are considering having a boyfriend or girlfriend testify as a character witness at your child custody trial.
The first thing I would tell you to do is download my Best Interest of the Child Checklist by going to
On that checklist one of the factors is “What type of relationship does that child have with other important people in his or her life?”
In my mind, a boyfriend or girlfriend who is a long term partner is a very important character witness and it is my practice to have a boyfriend or girlfriend testify if they have been around for a while or they are expected to be around as a partner, fiancée or future spouse. Having said that, there are some judges who don’t care about hearing from boyfriends or girlfriends. In fact, in the last week and a half I just had a judge tell me that he thought my client’s fiancée was irrelevant to the case and that he thought the most important...
The consequences of not being on your best behavior in a child custody battle can devastating for you and your family.
I want to remind you that when you are going through a family law case whether it be a divorce case, a custody case, a spousal maintenance case, you have to remember that all eyes are on you.
You are under a microscope and if you go into your trial or evidentiary hearing and you have done something to act crazy, expect that to be Exhibit A or Exhibit 1 in the evidence against you.
It seems like common sense but I can’t tell you how many divorce and custody cases where I have witnessed one of the spouses act crazy. It could even be determined that you have a borderline personality disorder which would pretty much not give you a very good chance of losing custody.
So here are 2 examples of actual cases:
Right now I am going through a child support trial where the mom has become angry because in one of the earlier trials the court ruled more in the...
This is my interpretation and a humorous example of an actual cross-examination I did recently in a custody hearing. It's a great example of how NOT to answer cross-exam questions.
Cross examination is that part of the custody trial after direct examination, where either you or your witness have told your ‘side of the story’. Your spouse’s attorney will now have the opportunity to ask you or your witness questions. This is called cross-examination.
If the other attorney or other party (if they are representing themselves) are skilled in cross-examination, he or she will use questions to try to box you into yes or no answers. That is just the nature of cross-examination and it is nothing to be afraid of.
When you feel the pressure of the attorney boxing you in for a yes or no answer, and even if you feel like a yes or no answer does not give the court the whole picture or you want to explain further, you still need to go ahead and follow the judge’s...
In this video I share a personal experience about how NOT knowing the rules really hurt me & how it relates to your family law case.
What you DON'T know can have detrimental consequences that could affect the rest of your family's life. When you are in the midst of a custody battle or a divorce everything is on the line whether it be determining child custody, how much alimony or child support you will receive, parenting time and many other things in your family law case.
So, I will use an example in my own life where I didn’t make it my business to know the rules and I ended up in a very stressful ordeal and ended up having to hire an attorney myself.
So in my private practice I had an employee who some might call a ‘trouble’ employee. One day she fell in the kitchen in an office that I share with a whole bunch of other lawyers and apparently hurt herself. At the same time the other attorneys in this office find out that this employee had been hacking into...
It is imperative that you are prepared for custody court and research how to answer questions the judge will ask you.
I will demonstrate this by a story have a story to tell you about my daughter Paloma, and it does relate to the family law courtroom but you are going to have to wait till the end to find out.
Paloma is really enjoying ham and cheese burrito right now which is one of my favorites. Before that her favorite was peanut butter and jelly.
So what she is used to me doing is making the burrito and cutting it in half and putting it into her lunch. The other day I wanted to eat half a burrito for myself so I rolled out the tortilla and cut it in half. So she came in and she wanted a half a burrito too, so this time I was making the burrito differently and making each half burrito separately. Instead of making the whole burrito and cutting it in half, so I was making it one half at a time since I had already cut the tortilla.
Well Paloma saw me making the burrito this way and...
Most divorces can be resolved through mediation even high conflict or complicated divorces. The benefits of mediation can be huge when choosing mediation over a trial in your divorce case.
Most people don't know that even the most complicated and acrimonious divorces can be resolved through divorce mediation.
Divorce is a difficult, costly & painful process that causes emotional stress to all individuals involved. When going through a divorce, there is something to be said for working it out instead of going to court… especially when there are children involved.
This sometimes makes people who are going through a divorce think that they could not possibly meet with their spouse face to face.
However, this is not the case. Professional divorce mediators are trained in conflict resolution and know how to create an open yet safe atmosphere where even the most conflicted of issues can be discussed and even agreements be made during the mediation process.
If you go to trial...
Oftentimes, one parent's behavior interferes with the other parent's relationship with the kids. Some people go so far as to call this behavior "parental alienation."
If you think you might be a victim of parental alienation, get access to this FREE audio interview with a child therapist BEFORE you raise the "A" word to the other parent or to your judge. Understand how therapeutic intervention might improve your relationship with your children if alienation has, in fact, happened.