Preparing for final hearing.....

[SM_in_FL]

Hi, Soc!
So, the GAL already came and is in the process of preparing her report and recommendations on hubby's custody suit. We've also gathered new evidence which was shown to the GAL but was not filed with the court. So........

1) Once we receive the GAL's report (assuming there's no need to file exceptions) what do we do next to get the show on the road?

2) if we need to request a hearing, do we have to file the new evidence we've gathered with the request in order for it to be heard in the trial or how do we do it?

3) At what point do we subpeona witnesses (expert or otherwise)? I mean do experts get more of a grace period or something in case they want to fight the subpeona or whatever?

4) Is it a good idea to file some sort of brief and with that brief the evidence?
Thanks again!
SM

[socrateaser]

>1) Once we receive the GAL's report (assuming there's no need
>to file exceptions) what do we do next to get the show on the
>road?

Move for a custody order based on the GAL's recommendations.

>
>2) if we need to request a hearing, do we have to file the new
>evidence we've gathered with the request in order for it to be
>heard in the trial or how do we do it?

The GAL should file a motion to have his/her findings ordered. If you have a hearing, then the GAL will ask that the evidence of the report be admitted as evidence supporting the child's best interests. Then it's up to you to bolster or impeach the GAL and the report.

>
>3) At what point do we subpeona witnesses (expert or
>otherwise)? I mean do experts get more of a grace period or
>something in case they want to fight the subpeona or whatever?

Experts get PAID by the hour to appear and testify, so they're not gonna fight the subpoena, unless you attempt to get only their non-opinion testimony (i.e., without paying for it).

>4) Is it a good idea to file some sort of brief and with that
>brief the evidence?

I would. Depends on the case. Best solution is to negotiate a settlement based on the likelihood of the GAL's recommendations being ordered without modification.

[SM_in_FL]

1) Ok, so how do you motion for a custody order?

2) Do we base it alone on the GAL's findings or also on the psych eval done on SD (which was really good for us and really bad for bm)?

3) How do you organize a brief?

4) So do we subpeona everyone once we get the hearing date and attach that to the subpeona?

Thank you very very mucho!
SM

[socrateaser]

>1) Ok, so how do you motion for a custody order?

I don't know if your jurisdiction uses court-provided forms to file pleadings, but if not, then (below assumes you are Petitioner):

Comes now, Petitioner, YOURNAME, pro se, and hereby moves that the court award primary custody of the parties' minor child(ren) to Petitioner, on grounds that the Guardian Ad Litem and other expert witnesses all concur that such an award would be in the child(ren)'s best interests (see attached Exhibit #1 - GAL Findings and Recommendations re Custody; Exhibit #2 - Dr. Headshrinker, PHD., Psychological Findings and Recommendations).

Petitioner further requests that a three hour evidentiary hearing be calendared in order to present relevant evidence and testimony, and asks that the court make written "Findings and Conclusions".

Dated, this ______ day of ________, 2004

By: ____________
YOURNAME
Petitioner, Pro se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

>
>2) Do we base it alone on the GAL's findings or also on the
>psych eval done on SD (which was really good for us and really
>bad for bm)?

Use what u got.

>
>3) How do you organize a brief?

Petitioner's Trial Brief

Introduction

Petitioner's burden in this case is to show that a substantial change in circumstances affecting the child(ren)'s best interests has occurred since the court's prior award of custody, and further, to demonstrate that it is in the child(ren)'s best interests that Petitioner be awarded primary custody.

1. A Substantial Change in Circumstances has Occured

Petitioner intends to show that on numerous occassions, Respondent has affirmatively acted against the child(ren)'s best interests. Petitioner will present evidence that on ??/??/?? Respondent stole Fizzy Lifting Drink, from the Wonka Chocolate Co., and cause her child to lose the contest for a lifetime supply of chocolate and candy.

2. Petitioner is the Better Primary Caretaker for the Child(ren)

Guardian Ad Litem, EXPERTNAME, investigated the living environment of each party and has found that "The mother beats her kids with whips and chains while wearing a ballet tu-tu and singing songs from the light opera 'Oliver'. This causes the children to walk the streets at night in hope of finding songwriter Anthony Newley, so that they may crucify him for creating the musical score to the productions of Willy Wonka and Oliver.

Conclusion

It should be obvious to the court, that if Petitioner provides credible evidence and testimony of all of the above-stated, that the child(ren)'s best interests would be better served by an award of primary custody to Petitioner. Petitioner prays that the court finds and concludes similarly and orders custoy in Petitioner's favor.

>
>4) So do we subpeona everyone once we get the hearing date and
>attach that to the subpeona?

yep.