Things You Shouldn’t Say in Family Court

Going to court in a custody battle can be a nerve-wracking experience, especially if your parental rights and relationship with your child are on the line. Many parents are worried about how to testify in family court and make a good impression. You don’t want to let anxiety cause you to say or do something you’ll later regret, as it could have serious consequences down the road.

Contact the compassionate family lawyers at Alward Fisher for more information on things to say in court, how to speak to a judge in family court, and more.

How Do Judges Make Custody Decisions?

In Michigan, judges must consider the “best interests of the child.” A court determines a child’s best interests after evaluating all the applicable statutory factors listed in MCL §722.23, which includes the following:

• The affection and emotional ties between the parents and the child
• Each parent’s ability to provide the child with affection and guidance to support the education and moral development of the child
• Each parent’s ability to provide for the child’s material needs, including food, clothing, housing, and medical care
• The length of time the child has lived in their present custody arrangement, as well as the stability and suitability of that arrangement
• The permanency of the family unit in the existing or proposed homes
• Each parent’s moral fitness and mental and physical health
• The child’s school and community involvement
• Each parent’s willingness and ability to encourage a close relationship between their child and the other parent
• Any history of domestic violence by either parent
• The preferences of the child, if the court finds the child of sufficient age and maturity to express a well-reasoned preference

What Things You Should Never Say in Court

While you may be prepared to fight to protect your relationship with your child and do what’s best for them, you need to be mindful of your statements and behavior in court. Saying the wrong thing may cause the judge to issue a custody determination other than the one you prefer.

Try to avoid the following:

• Angry or disrespectful statements — Whether directed towards your co-parent, social workers, or the judge, being rude can cause you to appear unwilling to have a healthy environment for your child.
• Anything that doesn’t directly answer a question you were asked — Saying more than is needed can open the door to topics unfavorable to your case.
• Any exaggerations, misrepresentations, or lies — Misleading the court while you’re under oath is perjury and could cause the judge to doubt anything else you say.

How to Impress a Judge in Court

On the other hand, here are a few ways you could impress the judge in a way that could positively influence your case:

• Hire legal counsel so that the necessary documents are completely and correctly submitted
• Stay calm and respectful when interacting with your child’s other parent, their attorney, the judge, and court staff
• During court proceedings, always address the court instead of your child’s other parent or their attorney
• If you think something said is misleading or inaccurate, make an objection to the judge rather than arguing with the other party

Contact Alward Fisher for a Free Consultation with a Family Law Attorney

If you find yourself in the middle of a child custody or child support dispute, you need experienced legal representation to protect your and your children’s interests. Contact Alward Fisher today for a free, confidential case review with a family law attorney from our firm to find out how we can help.