The Child Custody Checklist

48 THINGS FOR YOU TO DO THAT CAN SIGNIFICANTLY
HELP YOUR CASE

by nationally-known custody experts
Dr. Barry Bricklin and Dr. Gail Elliot

NOTE FROM THE AUTHORS:  There are many items to think about and consider as you prepare to get involved (or re-involved) in any custody dispute.  This list will help you better organize these items.  It has been prepared using all of the training and experience of our 35 years in the field as Custody Evaluators,  Expert Witnesses, Authors, and Consultants in Custody Cases all over the United States.

(You are invited to review our biographies.)

First, just quickly read over these Checklist Items:

 

1.   [  ] Hire the “RIGHT” lawyer.  We have found---during our 35 years in the field---that hiring the correct lawyer is the MOST IMPORTANT action that you can take!  You need a family law and child custody expert who additionally knows key local-jurisdiction facts.

2.   [  ] Get recommendations for the “RIGHT” lawyer. (From your local Bar Association or the American Academy of Matimonial Lawyers.)

3.   [  ] Make a list of the weaknesses of the other person. (“The other person" is usually your spouse or former spouse, but may be grandparents, foster parents, siblings, or even the State.)

4.   [  ] Make a list of the strengths of  the other person. (This is really important!  It is too easy to concentrate on the other persons weaknesses and what they do wrong---here we want you to list what they do RIGHT.)  Your most important ally is your believability.  You get this by showing an even-handed approach.

5.   [  ] Make a list of your strengths.

6.   [  ] Make a list of your weaknesses. (Be brutally HONEST! Only you and your lawyer will see the list.)

7.   [  ] List the strengths in your present position---looked at from the view of the judge. (job? economics? parents help? etc.?)

8.   [  ] List the strengths of the other person in their present position.

9.   [  ] Decide if you should be the first to initiate the suit.

10. [  ] Decide if you should try to settle the case.

11. [  ] Write out a “Draft Custody Plan.”  List everything that you want as if you will be able to get everything that you want---you won’t get everything but making this list is a good start.)

12. [  ] Make a list of which points in your “Draft Custody Plan are negotiable. (Things that you want but would give up to get something else.)

13. [  ] Decide if you should start negotiating with the other person. (However, never work behind your attorney’s back!)

14. [  ] Make a list of the “bargaining chips” that you have.

15. [  ] Decide if you should work out a temporary custody plan with the other person.

16. [  ] Find out what criteria your family court looks at when awarding custody.

17. [  ] Find out if your judge has specific prejudices. (Calmness on the witness stand, even-handed approach, blond hair, women or men, successful women, athletic looking men, etc.)

18. [  ] Find out if the other person is using alienating strategies.

19. [  ] If the other person IS using alienating strategies, put into effect a plan to counteract these strategies.  This is an exceedingly important and complex issue.  You must develop a set of strategies that does not include alienating strategies on your part.

20. [  ] Decide if the other person may make false allegations in court.  (What would they be?)

21. [  ] Decide how to refute any false allegations.

22. [  ] Make a list of witnesses that you have to refute potential allegations.

ITEMS 23 through 27 are to be accomplished WITH your attorney.

23. [  ]  Write down, for each witnesses, how they should dress and act in court.

24. [  ] Decide how you should act in court.

25. [  ] Choose the clothes you will wear in court.

26. [  ] Decide if  this is the right time to start dating.

27. [  ] Decide if this is the right time to move in with your new “significant other.”

28. [  ] Make a list of the marital assets.

29. [  ] Include in the list when each asset came into the marriage.

30. [  ] Include how each asset came into the marriage.

31. [  ] Calculate how much insurance is in-force that would go to you and your child.

32. [  ] Calculate how much insurance you and your child  actually need.

33. [  ] Medical coverage?

34. [  ] Write down the education plans for your child and for yourself.

34. [  ] Make a list of your future potential earnings.

35. [  ] Think about what could happen to increase or decrease your future earnings potential.

36. [  ] Make a list of the other persons estimated future income.

37. [  ] Write down any special earnings potential of  the other person.

38. [  ] Decide if your child is being bribed.

39. [  ] If yes, decide on a course of action to counteract these bribes. (See Item 19.)

40. [  ] Make a list (by subject) of the important things you HAVE NOT told your lawyer. (You don’t want any surprises in court.) LIST arrests, bankruptcy,  affairs, fights---EVERYTHING!)

41. [  ] Consider if there is a sickness or disability to be considered.

42. [  ] Make a list of any of the ways that you can help control legal costs.

43. [  ] Decide what to do if the other person wants to relocate,

44. [  ] Decide if you may want to relocate...now or later.

45. [  ] Decide if you need a Custody Evaluation to help your case.

46. [  ] Hire the “RIGHT” Evaluator? Get recommendations from: your lawyer, friends, the Professional Academy of Custody Evaluators (PACE), etc.  (Many judges however, will provide a list of evaluators for you and your attorney to choose from.)  

47. [  ] Decide if  the other person is trying to “get your goat.”

48. [  ] Consider how it would help the other person if you did get angry?

“TAKE YOUR TIME.  Now that you have looked over the questions once, go back over each question again---carefully--- and make notes. Re-hash your answers with a close friend or relative.  Dig out every fact that can help your case. 

You can do it! "

 IF YOU:

1) ENERGETICALLY FOLLOW THE CHECKLIST ABOVE, (2) DIG OUT ALL OF THE NECESSARY ANSWERS AND WRITE THEM DOWN, AND (3) COMMUNICATE ALL OF THAT INFORMATION TO YOUR LAWYER, WITNESSES, ETC.

YOU CAN SIGNIFICANTLY HELP YOUR CASE!

Warm regards and Good Luck,

 

Dr. Barry Bricklin and Dr. Gail Elliot

 

A complete discussion of each of the Checklist Items above (including the strategies and answers that will work best for you in Family Court) are included in the Year 2004 Child Custody Package by Dr. Barry Bricklin and Dr. Gail Elliot.

http://www.custodycenter.com/

Their Custody Package also includes 189 other important actions that will help you prepare your custody case.   Everything is thoroughly covered by Dr. Bricklin and Dr. Elliot in a clean, straightforward manner that you will have no trouble understanding.  It is like they are taking you hand-in-hand and guiding you through this treacherous, gut-wrenching process.  

 

You owe it to yourself and your family to review their letter/outline at www.custodycenter.com   Since 1991 Dr. Bricklin and Dr. Elliot have helped thousands and thousands of mothers and fathers make their best case for custody!