If you argue that your spouse is unfit because her own pleadings and actions try to minimize vice maximize your time with the children while your pleadings ask for maximum involvement of both parents, you place your spouse in a legal box. She will either increase her offers or look foolish trying to explain to a cross examiner why she should have more time with the children than you and would run a serious risk of losing or not obtaining custody. Either way, you better your position and minimize emotional damage to the children. Even if you don't win custody, you will enjoy much more visitation than fathers usually are awarded.
TRICK OF THE TRADE
When you stand up for your rights (including custody), spouses who think they can run over you, and take your kids, house and money, suddenly face the possibility that they may lose custody and be required to pay child support. Suddenly they become more reasonable. Do not begin settlement negotiations by being reasonable. Demand everything just like she does! In negotiations you can only compromise down . If your first offer is reasonable, where do you go from there? If you do not ask for sole custody several of the tactics in this book will not be as effective. ALWAYS file for custody, even in support matters.
TRICK OF THE TRADE
Pleadings requesting only limited visitation are the best evidence of an unwillingness to facilitate! Use those pleadings as an example in your closing argument. Argue: "My client seeks equal time for the parents. Mrs. X seeks to limit the father’s time to every other weekend. Mrs. X’s pleadings ... (lift up her pleadings).. and arguments before this court ... are the best evidence of her unwillingness to further a close and continuing relationship between the child and the father!"
TRICK OF THE TRADE
In his opening argument, a good attorney will pull out the applicable statute or case and go down the list of "tests" or factors deemed controlling by statute or case law. With the statute in his hand, he covers the factors deemed controlling by statute or case law one by one in his examinations and cross examinations of both parties. In his closing argument, he then points out the differences between the parties as to each of those factors. During the case he will argue that anything else brought up is irrelevant and inadmissable. This tactic often keeps an honest judge honest and frames the arguments to your advantage. This tactic alone may win your case!
