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Step 1
It has been said that in a "pro se" case, 75% of the battle can be won by indisputable proofs that back up your position in court. Proofs are documentation of events, audio recordings (if permissible) photos, and receipts of purchases placing you somewhere at a specific date and time.
Proofs should involve as many of the five senses as much as possible, but usually are limited to sight (pictures and documents), sound (voice recordings) and touch (physical hard evidence). The more facts that you can link to evidence result in proof that is very hard to dispute.
Good documentation involves writing EVERYTHING down, no matter how insignificant it may seem. Check your local laws and the Federal Code 119- Wire and electronic communications interception and interception of oral communications code for further laws concerning voice recording. -
Step 2
Law forums are a huge resource for “Pro Se” parents. There are many on these forums who have gone through what you are now facing, Lawyers who can give general info pertaining to your case and referrals to documents, laws and case studies that can bolster your case as well.
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Step 3
Online example forms and divorce / child custody judgments from your state or county are a huge help in seeing how the paperwork is filed. You can find these on sites like scribd or Google docs.
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Step 4
Consulting a local lawyer. Most lawyers charge a nominal fee or no fee at all for the initial consultation. You can utilize this time to ask specific questions that you cannot find out in forums and on the net. This can be one of the top resources for you, should you plan your questions carefully.
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Step 5
Sit in on the attorney’s cases that is representing the opposing parent to see how they conduct their cases, common tactics that they use and what kind of arguments they make. This gives you a pretty clear picture of how they will represent the opposing parent when it is your turn in court.
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Step 6
Anticipate the moves of the other parent and attorney. Are they fighting an aggressive battle, or just responding to your motions? How did they rebuttal your petition? Was it filled with unsubstantiated claims or was it filled with truth and proof to back up the statements? Did they merely defend or did they attack?
Always prep for an aggressive opposing attorney, even if they don’t appear to be aggressive. Some attorneys will intentionally show you a meek, defensive side to lull into feeling safe. Don’t fall for it. Assume that they will dig deep as they have more resources at their disposal than you do.
Seal all your arguments tighter than a waterproof watch. Remember, you are fighting with a knife in a gunfight… Make EVERY swing count.
