Child Custody - When You Write Your Motion, Think About Your 15 Minutes in Court

When acting on your own behalf (In Pro Per) and filling out your own child custody paperwork, make sure you think about what you are going to do and say when you get to court. It can be memorizing to fill in the boxes and make sure you have filled out the required fields, and then forget to write a comprehensive document that outlines what needs to be said.

Just like any other type of writing we can often get trapped in the format of the document, worry about the spacing, the layout, the required fields, and reading the “legalize” in the fine print. But what truly matters is the fine print that you write.

Once you have filed your case your case file will get pulled and sent to the Judge hearing the case several days before court. The Judge will read through your case and they will only know what you tell them. Therefore it is important to not whine, not lie or embellish the truth. Stick to the facts and do not draw conclusions. Conclusions are the Judges job. They take offense when you try to do it for them.

Write your motion in such a way that you can summarize the issues with numbered bullet points. This will help you address the issues in sequence when you get to court. This will also help the Judge follow along and understand what you are referring to.

When you go to court remember to take your bulleted list and keep it in front of you. You don’t want to fumble through your paperwork and wonder where you are or what you forgot. Remember that once you get to court, you normally have about 15 minutes to get through your case. Long drawn out arguments on each item will keep you from getting to all of them.

It is not uncommon for the Judge to think that the case is over before you have gotten to talk about each topic. Speak up (but never over) for yourself. Respectfully tell the Judge that you have 2 more issues that were filed in your motion but not addressed. It is critical to point out they are in the motion as items not in the motion will need to be filed separately.

You can also use that argument if the other parent brings up something that is not in the motion. Technically they cannot bring it in, but sometimes Judges will allow it anyway.

Remember, it’s your 15 minutes so plan it out before you file.