Sharky

Original Author: Tom

WHY ARE YOU HERE?? This is not a silly question. You are about to learn a whole new meaning of the term,"rebuttable presumption," and why it applies exclusively to you in Family Court.

Trust me, you're in for the fight of your life. If you're not prepared, you can bet the other side will rebut you right out of fatherhood and into poverty. Your children, with your current and future finances, will be out of your life forevermore.

Your goal therefore, demands a strong offense. This requires dedication, support, "pro-active" planning, and lots of research. In other words, PREPARATION IS EVERYTHING!!

The following list is neither conclusive nor is it exhaustive. For that matter, not all of it will apply to you. Nevertheless, its intent is to get you to think, ask hard questions, and above all, to be prepared. Copy it. Print it. NEVER let your STBX see it.

What ever you do, NEVER YOUR MARITAL RESIDENCE unless ordered by the court!! If you do, your STBX is free to do unto you as you are about to do unto her. It'll be a mistake that'll cost you dearly.

If you're not THOROUGHLY prepared, the other side will find your weakness and work you over. Their primary purpose is to "soften you up" and get you to give up custody WILLINGLY!! "THEY HAVE METHODS!!" They'll even recruit your attorney and get you to sign documents you'll
later regret. If you're not prepared, and if you fail to choose your attorney wisely, there'll be nothing left of you when they're done.

If your STBX files first, she's already plotted her next 10 moves against you. This is not where you want to be. If she files first, you can expect:

1) a restraining order that evicts you from your house and prevents you from contacting your kids.

2) to pay temporary child support, temporary alimony, community debt, and/or bills accumulated by your STBX during these proceedings. This can be 1 to 3 years. You'll be bankrupt well before trial.

3) to pay court costs and other fees, in addition to expenses mentioned above: GAL; Custody/Child Evaluator; Psychological evaluation; Your STBX's attorney fees.

EXPECT HER TO LIE. EXPECT THEM TO BELIEVE HER. EXPECT NO FAIRNESS. EXPECT TO NEED MOUNTAINS OF EVIDENCE TO PROVE YOUR CASE.

Their goal is to "bleed you dry" and beat you into submission. You'll never see the last of their dirty tricks. It behooves you therefore to be very prepared very early.

NEVER BE IN A POSITION WHERE YOU HAVE TO PLAY "CATCH-UP."

If you've got "skeletons" in your closet, prepare accordingly, ahead of time. Do likewise with your STBX's skeletons. Gather all incriminating info while you can. Never give her the opportunity to cover her tracks.

For starters, develop an EARLY GAME PLAN to win custody. Execute your play according to YOUR timetable. Pick your shots. Make them count. Timing is everything. Keep the other side off balance. This is very important.

Lay out a trap-line for your STBX. Perpetually work on setting her up for the fall. You know her weakness. Bait her!! Give her every opportunity to make a mistake. Spring your trap in front of the camera and in front of witnesses. Document everything.

Everything must be documented in a WELL-WORDED journal. What you write must be factual and correct. At trial, your journal will be a valuable source of events, dates, and patterns of behavior. Your journal should also contain surprises to keep the other side off balance. Most
importantly, your journal will discredit fabricated testimony and lies you can expect from the other side.

Along with your journal, gather supporting evidence with photos and videos. Put a trace program on the computer and a recorder on the phone. Don't be afraid to record phone calls. Make it your business to know where your STBX goes in cyber-space. Above all get witnesses, especially professionals involved with your STBX & kids. You may want to hire a PI. A visit to your local spy shop will be very worth while. Think of it as an investment.

Your journal, together with supporting evidence, will help you. More correctly, they will help your attorney. Remember, your attorney is only as effective as the information you give him. If he gets little from you, you can expect little in return.

Type and/or otherwise arrange journal notes well in advance of trial. Reserve plenty of time to review your journal with your attorney. You must bond with your attorney, and he must bond with you. Both of you must be "reading from the same page" between now and trial. Be sure save your original journal draft. You may need it.

YOUR JOURNAL IS THE TEMPLATE OF YOUR CASE!! Guard it carefully. It contains secrets the other side would love to have. Above all, BEWARE of so-called "neutral third parties," like the GAL or Custody Evaluator. These thugs are anything but neutral. They will specifically target their report and/or testimony to discredit everything you've written. To guard against subpoena, address each page to your attorney. Remember, the primary purpose of your journal is to rebut and/or otherwise discredit the lies and fabricated testimony that'll come from the other side. THIS IS OF THE UTMOST IMPORTANCE!!

Never sign anything the custody evaluator asks you to sign - even if it's a scrap of paper that states you agree to XYZ conditions. This is a trap. Anything you sign becomes a bona-fide legal document that will be used against you in court.

PLOTTING DATA (patterns of behavior) from your journal:

It's very important to have supporting evidence to back up your documentation. Photos and witnesses are ideal. However, you can't always count on people, nor can you count on having a camera when you need one. Therefore, you must build your case with what you have. YOUR JOURNAL!!

If done properly and consistantly, your journal becomes the heart and soul of your case. It is filled with important data. This data shows your STBX's pattern of behavior over time. In other words, you can scientifically predict how your STBX will behave based upon the data you've collected. Remember, when plotting scientific data of any nature, you can expect surprises. Remember, surprises are what keeps the other side off balance.

Data from your journal can be plotted on a graph, a pie chart, or bar chart. For comparison, it's a good idea to use all of the above. You'll need Excel software.

Plotted data are much easier to intrepret, both for the judge and your attorney. Plotted data show large blocks of evidence at a glance; ie, parenting history/behavior. This helps rebut the built-in bias of the system, and scientifically supports your bid for custody.

Keep in mind, a single "judgement error" will NEVER get the judge's attention. However, a "PATTERN" of well-documented judgement errors, supported by evidence, will make a difference.

Remember, neither the judge nor your attorney want to sift through endless streams of relatively "meaningless" journal data. Consider your audience. It's up to you to make things as easy as possible for them both.

SET YOURSELF UP TO WIN!! Pay attention to detail. Follow through on leads. Don't get side-tracked!! Use only what works for you.

BECOME A "CHILD ADVOCATE."

1) Get involved with a network of parent educators.

2) Make time for play dates and/or parties. Invite parent-chaperones who will observe you as a Superdad in fine form. Make sure mothers are invited. Ideally, they should be solidly married, above reproach, and will not be disparaged for having an affair with you.

These are great sources for collateral witnesses.

2) Enroll yourself and/or your kids in classes/counseling/treatment as necessary: Parenting classes; Co-parenting classes; Anger managment; Couseling for kids caught-in-the-middle; enroll in a Children's First program; Alcohol/drug treatment. Read contemporary books and literature
on the above subject matter. Take the initiative. Become informed. Do whatever it takes. Don't wait 'til it's too late.

3) The most important witnesses are court-appointed professionals, so-called "neutral third parties." They include; the home study evaluator, the forensic evaluator, the custody evaluator, the psychologist, the play therapist, and the GAL. Tread lightly with these people. They are
anything but neutral. These thugs are "GOD" in determining custody decisions. Keep in mind, the judge is gonna rule whatever they recommend. They live by one fundamental principle, "Dads be damned."

Whatever you do, NEVER agree to any form of binding mediation. You'll be giving up all your rights to further litigation. You'd just as well sell your soul to the Devil.

From the beginning, you must "attempt" get these witnesses on your side. They are the "tie-breaker." Truth be known, it's their job to insure the race isn't even close, much less a "tie." Nevertheless, do your best. Be sure to document everything.

a) It's their job to not like you.
b) It's their job to fabricate lies about you.
c) It's their job to soften you up and trick you into giving up custody before trial.

Remember "rebuttable presumption?" Some state's statutes declare both fathers and mothers have an equal right to parent their children. In this phase, that right is summarily taken from you. In other words, the game is rigged. It should come as no surprise, gender discrimination is rife within the Judicial Branch of Government.

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Sharky