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 (CONTINUED)
 
7.         ISOLATE THE "FACTORS UNDER THE STATUTE " WHICH ARE CLOSE CALLS, 
LIKELY WINNERS , LIKELY LOSERS OR UP FOR GRABS.
 
8.    OBTAIN ALL AVAILABLE SUPPORTING DOCUMENTATION.
 
Your attorney should supoena the employment records, child's school records, 
family medical records, pension information, insurance claims, financial 
statements and loan applications... dig , dig , dig... Consider random curb 
side garbage pick-ups for valuable information and use of private 
investigators.
 
9.    IDENTIFY ACTS OF PARENTAL ALIENATION
 
-"The Parental Alienation Syndromne" by Richard A. Gardner  1- 212-567-8989
-"Children Held Hostage"             by Stanley Clawar PhD 1 610-525-5725
- Created memory in children         Terence Campbell PhD 1- 810-939-5110
- False sex abuse allegations        Ralph Underwager PhD 1-507-645-8881 
-"The Suggestibility of Children's Recollections" - American Psychology 
Association
 
10.   PARTICIPATE IN DISCOVERY -
 
Help your attorney develop questions for the other parent and their witnesses 
so that interrogatories, requests for admissions and depositions can be done 
EARLY in your case. DO NOT MISS DEADLINES FOR ANSWERING OR FILING YOUR 
DISCOVERY REQUEST - YOUR FAILURE TO PREPARE IS NOT REASON FOR THE COURT TO 
ADJOURN YOUR CASE AND OFTEN ADMISSIBLE EVIDENCE IS EXCLUDED BASED UPON 
FAILURE TO COMPLY WITH OR PARTICIPATE IN DISCOVERY WITHIN
PRESCRIBED DEADLINES.
 
11. CONSIDER THE ROLE OF THE EXPERT WITNESS -
 
DO YOU NEED PSYCHOLOGICAL , OR MEDICAL TESTIMONY (generally it is
important for fathers to use psychologists in order to establish
adequate proof that the children will develop better under his
care than the mother's. (Refer to Michael Lambs research
collection entitled , "The Role of the Father in Child
Development" as a valuable resource.
If your spouse has an expert , then you should have one. Experts
can base their opinion on otherwise inadmissible evidence such as
hearsay. Disclose the name of your expert before the deadline to
do so, otherwise , you may not be able to use his or her
testimony.
 
12. DEVELOP YOUR "THEORY OF THE CASE" AND STICK WITH IT.
 
Rather than concentrating on marginal neglect or abuse consider the approach 
that "mom's doing her best", but I can do better and the children will do 
better with me. Then stress your positives.
 
13.   IF YOU ARE THE DEFENDANT/RESPONDANT, FILE A COUNTER COMPLAINT 
REQUESTING AFFIRMATIVE RELIEF SO AS TO PREVENT THE DISMISSAL OF YOUR CASE 
UNILATERALLY BY YOUR CHILD'S OTHER PARENT FOR TACTICAL CONSIDERATION.
 
14.   PREPARE A "TRIAL BRIEF".
 
THIS SHOULD CONTAIN: A HISTORY OF YOUR CHILDS DEVELOPMENT INCLUDING YOUR 
INVOLVMENT, SUMMARY OF THE TESTIMONY OF EACH WITNESS YOU EXPECT TO CALL AND 
PROPOSED CONCLUSIONS OF LAW. [SUBMIT TO THE COURT AT THE LAST ALLOWABLE 
MOMENT.]
 
15.   A SETTLEMENT CANNOT  BE APPEALED , ABSENT PROVABLE FRAUD, SO AVOID 
PARTIAL SETTLEMENTS. (IT IS NOT OVER UNTIL IT'S ALL OVER.) SO BE PREPARED TO 
CALL YOUR FIRST WITNESS IF YOU DON'T LIKE WHAT IS BEING OFFERED. OFTEN THE 
OTHER SIDE WILL LOSE BECAUSE THEY FAILED TO PREPARE THEIR CASE FOR TRIAL.
 
GOOD LUCK - Travis Ballard Esquire- President NCMC 1-517-263-7822
(Conclusion of two part post of Text file PREPCUST.TXT from NCMC BBS)
--- DB 1.58/004910
1:114/74)
---------------