Custody Deposition Tips

Preparing for a Custody Deposition: Essential Tips

How to Prepare for a Custody Deposition

A custody deposition is used when there is a child custody case and the parties involved are trying to figure a settlement or get more evidence and information for when the case goes to court. Depositions allow both parties to share their side of the story and to get a full picture of situations and events that impact the case.

So how can you prepare for a custody deposition as an involved party? To prepare for a child custody deposition, make sure you have a good understanding of the life of the minor involved. There will be many questions asked to determine how well you know the child and if you are capable of caring for them. Give facts about what makes you capable to care for the child. It’s important to also know to what point you are willing to compromise when it comes to custody arrangements.

Child custody cases can be overwhelming and stressful for everyone involved. It can be difficult to see a child involved in these types of cases where they themselves may have to be deposed at some point. Through the process, it’s important to see to the well-being of the child first and foremost. To learn more about preparing for a custody deposition, keep reading.

To Prepare for a Custody Deposition, Review Facts Pertaining to the Minor’s Life

Tips for preparing for a custody depositionOne tool that will be used in the deposition to help determine whether you are fit enough to have custody of a child is that the lawyers will ask you questions relating to the child’s life. If you are able to demonstrate that you know about the child and their daily life, the more apt you are to reach a settlement in your favor. Here are some topics that may be addressed in these situations.

Do You Know the Child’s General Information?

If you don’t know general information about the minor involved, then your case may look gloomy. General information includes the child’s full name, age, date of birth, school, and grade. This is the basic information that the courts would expect you to know.

The lawyer may ask other questions to see how in-depth your knowledge goes. Does the child have any specific allergies? Are there any health issues that impact a child’s life? How old was the child when a certain event happened in their life? These questions may seem nervewracking, but if you are able to show an understanding of the child’s past and well-being, you’ll have better luck at reaching a settlement in your favor.

Do You Know the Child’s Schedule, Teachers, and Peers?

As the deposition goes on, the lawyers will most likely start to ask more and more questions to see how involved you are in the child’s life. What does the child’s schedule look like? When do they have to wake up in order to be at school on time? What time do they need to be at soccer practice? What time is bedtime? Have you ever communicated with the child’s teachers? The answers to these questions can prove that you are capable of raising a child and responsible to handle the child’s needs.

Do You Know Your Child’s Likes and Dislikes?

The lawyer may ask questions that you will only know if you have had time to get to know the child. These questions prove that you have a relationship and you know the child well. These questions may include, what’s the child’s favorite color? What food do they not like to eat? What is their favorite subject in school?

To Prepare for Custody Deposition, Have Proof That You Are Able to Care for the Child

When preparing for a custody deposition, you’ll want to be able to prove that you have the means to take care of and support a child.

Do You Have the Financial Means to Care for the Child?

Take time to review the numbers when it comes to your incomes, expenses, and any debt you may have. Taking care of a child isn’t cheap, and the court will want to make sure you have the necessary funds to care for the child if you were to be given custody of them.

In some cases, the lawyers and the court may ask to review financial statements and records that prove you can care for the child. This could also include proving health insurance and that you would be able to cover the child’s health care costs.

Do You Have a Routine in Place for the Child?

You may also have to prove that you have a routine that fits the child’s needs. The lawyers can depose witnesses and other people to ensure that when the kid is in your custody, you see to the kid’s needs, especially relating to the development of the child.

For example, if the child is young, the lawyers will ask if the child has a bedtime. Bedtime for a young child can show that you are aware of the minor’s development and health. Other people will be deposed and asked what time you make the child go to bed. These are all things to keep in mind during the custody deposition process.

Understand That Your Child May Be Involved in a Custody Deposition Process

family lawOne of the most stressful things as a parent or guardian going through a custody case is knowing that your child will have some involvement in the case. The child will have to testify if the case goes to court, and they may be involved in the deposition process. For this reason, it’s important to remain composure, compassion, and care for the minor involved. This is a hard situation for them, as it can seem like they are being forced to choose sides.

If you truly care for the child’s well-being and happiness, there are some things you can do to make the custody deposition process better for them.

Encourage the Minor to Answer Truthfully

When in a custody case, minors involved may often feel pressured by both parties to favor one over the other. In reality, this doesn’t ensure that the best situation is being worked out for the minor’s custody. If you have the ability to speak into the child’s life, be sure to instill in them that they should answer truthfully. As much as you want to win the case, it’s important to remember the lives involved and how they could be changed.

Always Maintain Composure

child custody caseIn most custody cases, it can be difficult for the minor to have to see their parents or people they love have to fight each other for custody. In order to make the experience as pleasant as possible, try to maintain composure and avoid getting worked up or mad in front of them during depositions or during the trial. Your composure can also reflect in general how well you handle yourself in front of children and if this qualifies you to have custody of the minor.

Be Understanding, No Matter What the Verdict

In these civil cases, certain verdicts can be gut-wrenching and detrimental; however, remember how you respond and react now can affect your abilities to get a better custody agreement in the future. Whatever you do, don’t place blame on the minor; you want to be able to maintain a good relationship with them.

Custody Depositions can be hard on everyone involved, especially if you are unprepared for the process. By taking the time to prepare and review important information, you can better your chances at having a more understanding custody agreement. Whether you’re a local business being deposed, or an individual, preparing properly is essential.

Matt McWilliams

Deposition Academy is an online website created to guide those in the legal videographer industry or those interested in starting a legal videography business. The site has expanded to cover a variety of legal topics that are related to depositions and the deposition process. Our team of writers have written for a variety of legal blogs and website.