In todays video I’m going to talk about how to prevent the judge in your custody or family law case from getting really angry at you. Or if the judge is on your side, how to make sure you keep him or her on your side.
The main thing you can do this is to be reasonable in what you are asking for. Deciding what is reasonable is, I know, sometimes hard to gauge because this is your life, this is your children, etc.
When you're really biased it's hard to see the other side it's hard to see the other side as being reasonable but to the best of your ability when you're going through a case when it comes to whatever request that you're making or whatever position you're taking
I think that you should always put your self in the position of the judge. The judge is ultimately is the most important person in your case.
I recently had a couple of different cases where a judge thought that my clients positions are unreasonable and in one case my client didn't see where his position was...
If you want to relocate with your child or you are fighting your spouse relocating this is what you need to have ready for the judge.
I've been getting a lot of questions from people who have the issue of relocation in their child custody case. Either they want to move out of state, city, town, country with their child or they are the parent who do not want their child to move out of state, city, etc.
So what do you need to show the judge if you are the parent who wants to be able to relocate the child or if you are the parent who is fighting against the other parent relocating the child.
Step 1: You always start with the best interest factors. So wherever you are located go to your States statutes and the child custody factors also known as the best interest factors for your state. I talk about the best interest factors in a lot of my videos.
If you want to download a free list of the child best interest factors go to my website http://commandthecourtroom.com and you can get a...
Proving a parent is unfit in a child custody case is not easy. Here are a few examples of how to gather evidence when dealing with substance abuse, child abuse or neglect. I've also included a real case where I represented a father with 2 children where the mother was addicted to methamphetamenes.
If you are seeking sole custody of your child one way to do this is to prove that the other parent is unfit. Proving unfitness of a parent is not always easy to do. In my practice I have been able to prove unfitness of a parent by proving evidence of drug abuse, alcohol abuse, alcoholism, etc.
This includes both illegal drugs and prescription drugs. If the other parent has a history of drug abuse for a significant number of years this should be brought before the court. Also important is whether or not they are currently in a drug or alcohol treatment program. Have they been through treatment or rehab but continue to relapse?
However they don’t have to have a drug or alcohol problem...
In this video I talk about my experience with my daughter's bout with hand, foot & mouth disease how it relates to preparing for your family law case.
I recently had a very exhausting weekend. As you some of you may know from my videos, I have a 5-year old daughter. Well one night she could not sleep so I stayed up with her all night. The next day when her father picked her up from school she was crying.
That night she still could not sleep and was complaining of her feet itching. I tried everything to relieve her pain, cold rags, hydrocortisone cream, Benadryl…but to no avail.
I started looking on the internet and could not find anything. She then developed sores on the palms of her hands and sores by her mouth.
I did more research and found out that she had what is called Foot, Hand, Mouth disease which is common in preschoolers. I found out it is not a serious disease but it is very viral. It has to run it’s course, the sores need to heal and...
In every state family law courts have a strict set of "rules," which describe the procedure courts follow in a family law cases. If these rules are broken there can be serious consequences.
These rules govern things like the types and content of documents that can (or must) be filed, the various deadlines that attorneys (and self-represented litigants!) must comply with, etc.
If you or your attorney do not adhere by these rules you could suffer some really serious consequences for both yourself and your family for the rest of your life.
I had a case recently where the attorney did not follow the rules and it caused her client to suffer some serious consequences in her case. We were litigating a really hotly contested divorce case that had been going on for about a year. Some of the issues in dispute were child custody, division of property, parenting time and child support. However, but the biggest bone of contention was spousal maintenance and attorney’s fees.
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...