What type of evidence should I use for an evidentiary hearing in friend of the court?
4 attorney answers
The judge's decision for custody matters is determined according to the "best interest" factors. You need to obtain evidence relevant to each of these factors. However, I highly recommend you contact an attorney for this process, very often an attorney will know what type of evidence to look for after having a more thorough understanding of the facts and circumstances of your situation. Finding the right type of evidence can be a tricky thing and an experienced attorney will be able to provide enormous help in this regard.
Hire an experienced family law attorney and be prepared to show PROOF of the claimed abusive behavior which has occurred since the last parenting time/custody order entered.
Your chances of prevailing are greatly diminished if you attempt to do this yourself.
To the PROSPECTIVE client, please review my efforts to assist by quickly and frankly responding to your question with AVVO. Also, please realize this PRELIMINARY answer to your question(s) is for general purposes and based upon the information you have conveyed. As the response is based on very limited information it MUST NOT be relied upon as the basis for action or inaction. If you are seeking legal advice which you can and should rely upon you will have to engage an attorney, provide all of the facts in detail and answer their questions. My response does NOT establish an attorney-client relationship. That may only be established by mutual agreement, and the signing of a written retainer agreement, which will require payment for our services. Providing counsel and representation is what we do for a living and, just like you, we must get paid for our work.
The best thing you can do to help protect your boys is to hire an experienced family law attorney. You will not learn to practice law before your hearing.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
Hire a lawyer! You cannot represent yourself in this. I am sorry that you got stuck with 50-50 custody but you owe it to your sons to get them out of the situation they are in. You picked an abusive man as their father, so it is now up to you to rectify the damage. Good luck.