Fortunately many of the custody and parenting time (visitation) disputes eventually settle through negotiation or some form of alternative dispute resolution. However, for those matters that go to trial, here are 10 ways your client is more likely to lose their case:
1. Client is unprepared to testify and frequently embarks on rambling narratives which are unresponsive to question.
2. Client is hiding (or lawyer is attempting to hide) "skeletons in the closet" from opposing party/counsel. Sometimes the client's own lawyer is the last to know about a pending criminal charge that may affect the outcome.
3. Failing to provide the judge with a paginated exhibit or a summary of the exhibit. For example, offering several hundred pages of medical or school records, bank statements or credit card billings with no pages or index.
4. Being repetitive with trial exhibits. For example, having your witness read from an exhibit already in evidence. The judge can read.
5. Being repetitive with witnesses. The judge, as trier of fact, does not need to hear from 5-10+ members of your client's family and friends about what a great parent he/she is. Ask yourself: what new is this witness offering to help my client's case?
6. Attempting to offer evidence which is clearly inadmissible: police reports, school records, medical records, all without proper foundation. More than once I have heard an attorney argue, "But judge, it's a police report!" as if that makes it reliable and admissible.
7. Objecting to evidence without stating a legal objection. Objecting that "the evidence is prejudicial to my client" is not a proper objection. It's supposed to be prejudicial! Likewise, failing to object to clearly-inadmissible evidence.
8. Making legal arguments because your client insists that you do so even when the facts in no way sustain the argument.
9. Offering pages and pages of profanity-laden emails or text messages clearly intended to show that your opponent is a bad person. This may be excluded as irrelevant and salacious. You could be sanctioned.
10. Attempting to offer evidence of your opponent's behavior or criminal history (or worse, other members of his extended family) which fails to bear on the parent-child relationship. For example, that when he/she was 16 they went through chemical dependency treatment.
There are more reasons, but that's enought for now.
The number one rule is the Boy Scout motto: Be prepared!...and be sure to comply timely and fully with any Pretrial Order about witness lists and trial exhibits. If you don't, they could be excluded. (See Guiliani v. Anderson in Nov. 7, 2011, Minn. Lawyer)
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