closing arguments

[vretkrum]

I am in the process of writing my closing arguments for my final hearing. I would like to know if there are any examples or references to assist me. The main points of concern would be arguments for Shared Parenting, Additional parenting time and deviation in child support.

My current schedule is three  Wed. out of the month I have the kids 3:00 p.m. to 7:00 p.m. with the other Wed. being an overnight. I have them every other weekend from Friday 3:00 p.m. to Monday 8:00 a.m. with one Thursday a month 3-7. It's a crazy temporary schedule that was forced on me by the GAL. My argument is that I do not have enough time with the kids on the Wednesdays, by the time homework, dinner and travel time are factored. I'm asking for those nights to become overnights. I'm also asking that I have rotating Thursdays between my two children. My son one Thursday night and then my daughter the next Thursday. Under the current schedule there is no time to be with either child independently of the other.  They have both expressed to me that they would like one on one time.

 The GAL has stated that she would recommend one more 3-7 with my son, but would not agree to my proposed schedule. On the stand she could not give my attorney a reason, other to say the schedule works now, why change it. She has been a gender biased "old school" piece of work from the beginning.

Any case law or good sound arguments I could put in my closing arguments would be appreciated

Thank you  

[Lawmoe]

You can't use a template or a script for a closing argument. It is entirely dependent on the facts of your case and the evidence adduced at the hearing. That will vary from case to case.  The cllosing argument is your chance to highlight the testimony in your favor.

[vretkrum]

Thanks, I understand, but is there any particular case law I could quote pertaining to Shared Parenting, parenting time, parental rights?

[Lawmoe]

Any case law would have to be state specific and come from your state's court of appeals.  You should be able to recite the appplicable statute and how your theory of teh case fits within the statutory criteria.

[Stepmom0418]

Dont get your hopes up on closing arguments. The reason I tell you this is because my DH just went to court and his attorney didnt get to do any closing arguments at all. Neither did the opposing attorney.

Prepare for it all the same but keep that in mind just as well.

[Lawmoe]

I disagree. I think closing arguments are critical.  In many instances, upon request, the court may allow the parties to make their closing arguments in writing. In such a case, I would pull a transcript and cite evidence to support your position.

[Stepmom0418]

I think they are impotant too Lawmoe but in our case neither attorney was allowed by the Judge to do closing arguments. Maybe thats why our case turned out like it did. Who knows?