(Following text is a draft of the section on Preparing for Custody Trial in 
the new revision of the Manual of the National Congress for Men and Children 
(NCMC) The Manual is one of the beneficial documents received by members of 
this nationwide fathers' organization. Travis Ballard is President of NCMC, 
and a practicing attorney in the Detroit, Michigan area. Some of the comments 
refer to Michigan law, and should be read in light of your own state's 
statutes as to custody criteria, etc. For information on joining NCMC and 
receiving the Manual, call 1-800-733-DADS. The text file PREPCUST.TXT is 
downloadable from NCMC BBS, 1-602-840-4752, FidoNet 1:114/74)
                    NATIONAL CONGRESS FOR MEN AND CHILDREN
                PREPARATION FOR TRIAL OF THE CHILD CUSTODY CASE
 
1.    IDENTIFY APPLICABLE LAW -
This is generally found as a definitional section within the jurisdictional 
state's provisions regarding factors to be determined by the court in its 
findings of "BEST INTEREST 0F THE CHILD". This will vary depending upon which 
state has jurisdiction of your case. In Michigan the best interest of 
children are determined through an analysis of twelve factors (set forth 
completely in the questionaire section of this manual). In Kansas it is 
defined within three factors. Regardless of your jurisdiction, your lawyer 
must be prepared, engage in proper discovery and have a strategy.
 
2.    IF YOU ARE LIVING WITH YOUR CHILD AND THE OTHER PARENT, DO NOT MOVE OUT 
WITHOUT YOUR CHILD OR THIS FACT ALONE MAY BE DETERMINATIVE OF THE FINAL 
OUTCOME.
 
A skillful attorney will argue that you've acknowledged the appropriateness 
of the other parent as a caretaker by your own action in leaving the child in 
their care.
 
3.    CONCENTRATE ON DISTINGUISHING YOUR "PARENTING ABILITIES" AND "BONDING" 
WITH THE CHILD FROM THAT OF THE OTHER PARENT - THE PROOFS AS TO THESE 
CONSIDERATIONS OFTEN WILL DETERMINE THE "BURDEN OF PROOF" WHICH WILL BE 
APPLIED BY THE JUDGE- AVOID "THROWING DIRT " AT THE OTHER PARENT: IF IT MUST 
BE DONE LET YOUR WITNESSES DO SO, OTHERWISE, YOU MAY APPEAR ANGRY AND NOT 
MOTIVATED BY YOUR CHILD'S "BEST INTEREST".
 
"BURDEN OF PROOF" is generally decided based upon an analysis of whether or 
not an "established custodial environment" exists between the child and 
either parent. THIS IS ,IN MANY STATES, DECIDED BASED UPON WHO HAS BEEN THE 
"PRIMARY PARENT". Primary parent is described in the manual section VIII-12.
 
"ESTABLISHED CUSTODIAL ENVIRONMENT" (ECE) is defined through case law. The 
Michigan courts decide whether an established custodial environment exists by 
answering the following question: "Over an appreciable period of time, has 
the minor child come to look to one parent over the other for parental 
comfort, guidance, necessities of life and discpline?" (This can be 
effectively used to argue maintainance of the status quo.)
 
If the answer is "yes", then that parent has an ECE and the burden of proof 
is: "CLEAR AND CONVINCING EVIDENCE" If the answer is "no", then the burden of 
proof is : "PREPONDERANCE OF THE EVIDENCE".
 
4.    PREPARE A CHRONOLOGY  OF ALL RELEVANT EVENTS, OCCURRENCES OR POSSIBLE 
FACTORS WHICH HAVE INFLUENCED YOUR CHILD'S UPBRINGING (I.E. PARENT'S WORK 
SCHEDULES, INTERFERENCE WITH CUSTODY OR VISITATION, EDUCATION, ETC. - see 
questionaire or chronology section of manual.)
 
5.    ORGANIZE "PROVABLE EVENTS AND FACTS " ACCORDING TO THE FACTORS DEFINING 
BEST INTEREST OF CHILD WITHIN APPLICABLE STATE STATUTE.
 
6.    IDENTIFY NEEDED WITNESSES FOR EACH FACT NEEDED TO BE PROVEN AND GET 
WRITTEN STATEMENTS FROM ALL WITNESSES .
 
The LITIGATION PROCESS will often take 6  to 18 months before conclusion. 
Witnesses who are willing to help now need to GIVE WRITTEN STATEMENTS NOW, 
otherwise, cold feet, pressure from your spouse or family or claimed loss of 
memory may cost you the proof needed to win your case and to present the 
truth to the court.
(CONTINUED IN PART 2)
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