An Experienced Fairfax/Loudoun County Attorney Discusses Witness Selection For Child Custody Disputes
I am frequently told by clients that they have "a bunch of family members and friends who will gladly act as witnesses" in their child custody trial. As a family law attorney, this should come as welcome news. However, not all family members and friends are suitable witnesses, and if you aren't careful in your selections, you could do irreparable damage to your case. That's why it's crucial that you discuss any potential witness with your lawyer before officially identifying them in your child custody proceedings.
Screening Witnesses for Valid Information and Reliable Testimony
Regardless of their good intentions, if family members or friends don't actually observe an event, some specific behavior, or anything else material to your child custody case, then they aren't useful as witnesses. Furthermore, anyone who testifies in your child custody hearing needs to be able to recall what he or she saw with some degree of accuracy. Vague witnesses often come across as insincere or untruthful.
Deposing Witnesses
Your family law attorney is going to want to depose any witnesses that you provide for litigation. The purpose of this is to make sure that they can lock down their recollection of events. Not everyone can remember events accurately when they are under the pressure of cross-examination. A recorded deposition allows your attorney to remind the witness what he or she said in the months prior to the hearing—when their memory was fresher.
Separating Evidence From Hearsay
Your witnesses must have personal knowledge of the events to which they are testifying. If they don't have direct knowledge—even if the subject that they are talking about is material to the case—then it's hearsay and is inadmissible in a Virginia family court. Your child custody lawyer should be able to help you separate hearsay from admissible testimony.
Whether you are the mother or father of a child, if you find yourself in a custody battle in Fairfax, Loudoun, Alexandria, Prince William or anywhere else in the Commonwealth of Virginia, it's to your benefit to retain the services of professional, trusted family law attorney. A qualified lawyer can screen your witnesses to ensure the viability of you child custody case.
Virginia Family Law Attorney Claudia Zucker
Do you need a family law attorney? Do you have questions about your witnesses in a custody trial in Virginia? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.
