This is the next post in our series on emergency child custody cases in Dayton, Ohio. In our last article, we discussed the process of filing for emergency child custody. An important take-away from that article was to understand that the Court may move quickly in order to get the child into a better situation. The Judge can do so by setting a new temporary custody order within days of the Motion being filed. The filing of a Motion, and preparing for trial, can be complicated. That is why it is strongly encouraged that if you are in an emergency situation, you contact and retain an attorney with experience in handling these matters. In this post, we will discuss another important topic, the importance of discovery in such situations. If you believe that your daughter or son is in danger, contact our firm today to speak with a lawyer.
Discovery is how information is obtained in a Dayton child custody case
Discovery is the process in which information is gained from the other side in a child custody proceeding. There are several different tools at a lawyer’s disposal to use in discovery. Interrogatories are a set of written questions that requires the opposing party to provide written answers. Requests for Production are typically used to have the other side produce documents, records and other physical items. A Deposition also can be used to require the opposing side, or witnesses, to appear in the presence of a Court Reporter for the purpose of answering questions while under penalty of perjury.
An example situation of discovery being performed in a Dayton child custody case would be if a parent wants to request a change due to the alcoholism of the other parent. An attorney would most likely start by requesting the production of financial statements and police reports. The financial statements might be used to show excessive spending at bars, clubs or liquor stores; while the police reports could show a potential arrest for a DUI. This information would then be presented to a Judge as objective pieces of evidence in support of your position that child custody should change because of the other parent’s alcoholism. This is just one example of how discovery might be used in such situations.
Discovery in a Dayton child custody case can be necessary for proving your claims at trial
Discovery is one of the most vital aspects to proving your case if you have filed for an emergency change of custody. Contrary to popular belief and portrayals in the media, trials are not won with last minute surprise evidence. These types of cases are won through the accumulation of evidence through discovery. As shown in the example above, concrete evidence to back up a claim is what the Court is looking for in a trial. If a parent were to make an unverifiable claim, it is likely that a Judge would close the case because there is not a basis for changing the custody arrangement. Generally, the best approach when preparing to make a claim against the opposing side in a child custody case is to make sure that your counsel will be able to produce evidence of the claim. Retaining a lawyer can assist in making sure that any claim one would make can be verified and begin the process of compiling the evidence.
It is vital that you speak with a family law attorney if you are preparing to litigate an emergency situation. The Court will expect any claims you make to be supported by objective evidence. This verified evidence arises from the discovery process. This process can be complicated, and the rules of procedure must be followed. In order to ensure that you properly follow procedure and obtain objective evidence to support your claims, the retention of experienced counsel will help ensure the process is followed.
Our Dayton child custody lawyers are here to help get you through this process and protect your rights. We provide quality representation and will help you through the entire case. Contact our law firm today to set up your initial consultation. We also assist parents in Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.