Final trial 31st

[lookinnomore]

I live in Virginia ( Prince William County).  He has custody, I am the "live in girlfriend".  The boys ( 14 and 12) have lived with us for the last 4 1/2 years.  We got custody willingly from the mother.

BM petitioned the court a year ago for change of custody.  She has gotten married and wants the boys back.  She has moved 8 times in the last 4 years.  Once since her home study was done.  

The GAL told us some time ago, and called BM and her attorney and told them she saw no reason for a change of custody.  BM also has the children on her witness list.  GAL told attorney he should not supena the children, which they did anyway.

1) Do you think they will allow the children to testify?

2) Children are both caught in the middle and very terrified to go to court they don't want to pick one over the other, what if they say they don't care where they live, will that make us look bad?

3) Heard through the grapevine that GAL went out to redo the homestudy since BM moved since the first one was done, and BM now says GAL says she is going to recommend moving the boys back to mom's house.  Does that sound possible?  Would the GAL call BM and tell her no change, go out for home study and change her mind and not call BD and tell him of her change of feelings?

4) any good court advice? yes, we do have an attorney

I am so sick, with worry lol any advice would be helpful thanks for your insight!

[socrateaser]

>1) Do you think they will allow the children to testify?

The judge must permit the children to testify, if their testimony is relevant, and generally more probative than prejudicial. However, the fact that a parent wants the children to testify, is frequently (almost always) viewed by the court as proof of a parent's affirmatively acting against the child's best interests, by drawing the children into the controversy and causing mental distress.

So, it is only when a child is very mature at expressing his/her views that calling the child to testify may work in favor of the party who calls the child. Usually, the result is a big red flag flag


>2) Children are both caught in the middle and very terrified
>to go to court they don't want to pick one over the other,
>what if they say they don't care where they live, will that
>make us look bad?

They will not testify together, and they will not be permitted to hear each other's testimony, so as to be influenced. However, even if they were all to testify that they didn't care, the judge wouldn't likely believe them. More important questions are: Do you like your school? Would you miss your friends if you moved?

>3) Heard through the grapevine that GAL went out to redo the
>homestudy since BM moved since the first one was done, and BM
>now says GAL says she is going to recommend moving the boys
>back to mom's house.  Does that sound possible?  Would the GAL
>call BM and tell her no change, go out for home study and
>change her mind and not call BD and tell him of her change of
>feelings?

Virginia, frankly, is a very conservative jurisdiction, so your living in "sin," as it were, could influence a very religiously conservative GAL and/or Judge.* This would be far less the case on the West Coast. Seems to me that the GAL wouldn't do just a home study on one parent without doing a new home study with the other. If this were to actually happen, I would ask the court to either order the GAL to do a new home study on your circumstances, as well, or allow you time to obtain a separate evaluation by an expert to challenge the GAL's clearly biased research.

>4) any good court advice? yes, we do have an attorney

Ask the attorney if it's worth having a custody evaluator visit your home and produce a report, just in case, the GAL testimony needs to be impeached.

You also may want to sit in on the judge's courtroom and watch a few hearings to get a feel for how he/she rules on custody issues.

*I make no judgment on your living arrangement. I am merely mentioning the higher probability of the judge's "moral" view entering into the courtroom (which is entirely improper from a judicial viewpoint, but quite possible, nevertheless).

[lookinnomore]

Virginia, frankly, is a very conservative jurisdiction, so your living in "sin," as it were, could influence a very religiously conservative GAL and/or Judge.* This would be far less the case on the West Coast. Seems to me that the GAL wouldn't do just a home study on one parent without doing a new home study with the other. If this were to actually happen, I would ask the court to either order the GAL to do a new home study on your circumstances, as well, or allow you time to obtain a separate evaluation by an expert to challenge the GAL's clearly biased research.


1)  We had a home study done, and had GAL out to our home to see the boys.  GAL told us that we being "unmarried" is NOT an issue.  Are you saying because they re did one home study they should have re done both home studies?

You also may want to sit in on the judge's courtroom and watch a few hearings to get a feel for how he/she rules on custody issues.

You can't sit in on juvenille cases, they are closed court.

2) Will the children testify in open court or with the judge in chambers?

[socrateaser]

>1)  We had a home study done, and had GAL out to our home to
>see the boys.  GAL told us that we being "unmarried" is NOT an
>issue.  Are you saying because they re did one home study they
>should have re done both home studies?

Saying that something is not a permissible "legal" issue, ducks the reality that judges do bring their biases into the courtroom. You live in a jurisdiction that is extremely conservative on the subject of family values. In my opinion, your cohabiting status will matter, even though no one will admit this.

As for the home study, it depends on how long a period of time has elapsed since the first study. If more than six months, then I'd say a new study for both parents should occur.

>
>You also may want to sit in on the judge's courtroom and watch
>a few hearings to get a feel for how he/she rules on custody
>issues.
>
>You can't sit in on juvenille cases, they are closed court.

This demonstrates the extreme differences between the jurisdictions. In my jurisdiction, family law is handled in open court by family court judges, not by juvenile or probate court judges. If the judge wants to protect the children, he/she can bring them into chambers, or temporarily close the courtroom during their testimony. Otherwise, it's a public hearing.

>2) Will the children testify in open court or with the judge
>in chambers?

If, as you say, the court is closed, then your question here is irrelevant. If not, then I think I've already answered your question above.