Trial questions

[concerned1]

My husband will be representing himself in court this month for a permanent parenting time order (in CO).  The temporary order gives him dinner one day a week and every other weekend and he would like more time with his child.  Right now BM does not inform my husband of any school events that occur during his time with the child, so the child always misses out.  He went to the school to find out how he can find out about the events and the school's only solution was to send home two calendars with the child.    

The BM has an attorney and has submitted a word document entitled summary of visits that is supposed to be an exhibit at the trial.  This document lists phone calls and visits between the child and grandparents (grandparent visitation is also an issue), some visits between the child and my husband, and some phone calls between my husband and BM.  The document is not a complete list of visits or phone calls between my husband and the child, or of every phone call between BM and my husband.  

BM seems to have only listed minor things that my husband has done that she thinks are noteworthy and left out things that she has done that were equally noteworthy.  In addition, BM lists two recent phone calls where my husband and BM argued.  She includes what the general conversation was about and quotes what she claims my husband said to her but not what she said to him.

1.  What is his best argument for getting more time with his child?

2.  What objections can be made to the document as a whole being admitted as evidence?
 
3.  If the previous objection is denied, what objection can be made to the portions pertaining to telephone conversations?      

[socrateaser]

>1.  What is his best argument for getting more time with his
>child?

I don't know. Ordinarily, one moves for a custody evaluation so that an independent expert can weigh in on what is in the child's best interests. Absent that, I would need an extremely thorough history of your case in order to tell you your best argument.

>
>2.  What objections can be made to the document as a whole
>being admitted as evidence?

Well, it depends on how it's introduced. A document log made by the other party is obviously suspect, however, if the declarant testifies that she made the log contemporaneous to the time of the conversations, then it's admissible.

However, you can ask to see the document, and then ask the witness questions about it while they are not looking at it for reference. Then you can try to trip them up. You can also testify to each and every event in the document and your recollection of the events, in order to rebut the evidence, and you can submit your own log, as rebuttle evidence.

You do have a log, DON'T YOU? And, that log has a record of conversations wherein the other parent said unreasonable things, DOESN'T IT?

Look around...I'm sure you made a log, RIGHT????

LOL! You need to rebut truth with truth and bullshit with bullshit. You  can't prove her log false except with your own testimony -- and the reverse is also true. So, if you do that and she does the same, then it's all your word against hers, and the judge will probably ignore the whole line of testimony completely, because he/she is used to people lying about this sort of thing.

>3.  If the previous objection is denied, what objection can be
>made to the portions pertaining to telephone conversations?  

See above. Also, seriously consider retaining an attorney. You are about to go into battle with your bare hands, and your opponent has a tank. David may have slain Goliath, but that was a long time ago. Unless you're Bruce Lee, you're likely to get crushed.

[socrateaser]

>1.  What is his best argument for getting more time with his
>child?

I don't know. Ordinarily, one moves for a custody evaluation so that an independent expert can weigh in on what is in the child's best interests. Absent that, I would need an extremely thorough history of your case in order to tell you your best argument.

>
>2.  What objections can be made to the document as a whole
>being admitted as evidence?

Well, it depends on how it's introduced. A document log made by the other party is obviously suspect, however, if the declarant testifies that she made the log contemporaneous to the time of the conversations, then it's admissible.

However, you can ask to see the document, and then ask the witness questions about it while they are not looking at it for reference. Then you can try to trip them up. You can also testify to each and every event in the document and your recollection of the events, in order to rebut the evidence, and you can submit your own log, as rebuttle evidence.

You do have a log, DON'T YOU? And, that log has a record of conversations wherein the other parent said unreasonable things, DOESN'T IT?

Look around...I'm sure you made a log, RIGHT????

LOL! You need to rebut truth with truth and bullshit with bullshit. You  can't prove her log false except with your own testimony -- and the reverse is also true. So, if you do that and she does the same, then it's all your word against hers, and the judge will probably ignore the whole line of testimony completely, because he/she is used to people lying about this sort of thing.

>3.  If the previous objection is denied, what objection can be
>made to the portions pertaining to telephone conversations?  

See above. Also, seriously consider retaining an attorney. You are about to go into battle with your bare hands, and your opponent has a tank. David may have slain Goliath, but that was a long time ago. Unless you're Bruce Lee, you're likely to get crushed.