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How should I prepare a case seeking full custody against my girls' drug addicted mother.

Buena Park, CA |

My unmarried ex is running amok. Using drugs, driving with kids no license. Have lots of video but am unsure how to proceed to my court date in two weeks. Restraining orders were denied, Filed for custody and subpoena ing her police reports.. Anything I Need/could use? What format should I present my videos in? What is and is not admissible?

Attorney Answers 2


If you are involved in a family law matter, child custody, property dispute in Los Angeles or Orange County, California, I will consult with you in my office for ½ hour for free. If it is outside those counties, please do not call me as I am unfamiliar with their practices and it is generally too expensive to consider hiring me. Other State in which I do not practice may have dissimilar Laws; always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what is your argument pro and con, what is the Judges or Jury convinced of.

If judges do not accept your facts, that will change their judgments and each of them have differing biases. Each case will have different facts, some there are close to those which have been previously decided, some not. No lawyer can guarantee an outcome, because at a hearing or trial other facts may come out, even your own testimony may change.

While I will do limited scope agreements, wherein I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning,
There are other issues and approaches; this is not meant to answer every question or situation or to create an attorney client relationship or privilege. Do not post names or particular fact situations as this is a public billboard. Do you want your current or ex-spouse to know or hire me first? My name is Stephen R. Cohen I can be reached at 213-819-1171 for appointments 7am to 7 pm. If you like my posts, please mark them as “best” or “helpful”

In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).

In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

All of the above and request random drug testing and offer for both of you to show fairness and if she really has a drug problem, she will probably fail.

My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.

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By court date - do you mean hearing or a trial? You may only have 15-20 minutes if it is a short-cause hearing. If it is a trial (long-cause), you will have more time.
If you are going to use someone else's testimony, you will need to bring that person to court as a witness, have him/her take an oath and examine that person in court. Otherwise, it will be considered a hearsay.
Videos should be admissible, check with the court if you can bring in laptop, or if they have a projector.
For police reports, you will need to have a police person testify as to what (s)he saw/heard.
Basically, for any testimony, bring witnesses who can testify as to the ex's behavior. The other side will have an opportunity to cross examine your witnesses.

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