High Conflict Child Custody – 4 Tips on Filing Your Motions

There are few events in life that challenge a person’s emotions more than fighting on your child's behalf for the legal right just to parent them. If you were there when your child was born and felt the connection and bond between you, nurtured it through infancy and now find those feelings you know to be a sacred trust challenged by the other parent, then you know how important this is to get right.

The biggest problem you face in a high conflict child custody battle is that your opponent probably knows you better than anyone else. At one time you confided your biggest hopes, dreams and fear in this person and now that trust is not only shattered, that knowledge is being used against you in the most lascivious and hurtful way possible. It is being used to keep you from your child.

The reason I state the obvious is that the complete lack of trust you now have will make you extremely cautious when it comes time to filing your court motions. You will be tempted to out down what you are requesting but reluctant to provide documentation to prove your position. Who can blame you after the complete and utter violation of your trust that you have just experienced with this person.

In fact, your hope is that you can catch them off guard and expose them to the world for the truly evil person they are. You want to make them suffer and wonder which of the things you know about them that you will spring on them in court. You have a grandiose vision of making it look like some TV episode. Well, get hold of yourself. This isn’t TV.

Two important facts to keep in mind are:

1. Time is of the essence to the judge. They are going to hear many cases not just yours.
2. The judge will read the case before they come to court and be versed on what you are asking for and why.

If you plan on springing something the two reasons above should detour you.

Now that I’ve told you what you can’t do, let me tell you the 4 tips for filing you can do.

1. Take advantage of the fact that the judge will read your motion before they hear the case. Include the details you need to judge to know.
2. Include any evidence you have to support your motion. (don’t worry that they won’t be surprised)
3. Serve your motion in plenty of time for the other parent to respond. (this is critical for several reasons including keeping your legal motion valid)
4. When you receive the response to your motion be prepared to respond one more time with any follow-up information that the judge needs to know. This is your final chance to get in what you want the judge to know and it will be too late for another response.