How to Question Witnesses in a Custody Case

Plan out your questions, and be aware of some basic rules of evidence. Always be polite when questioning witnesses.

Difficulty:

Moderately challenging

Instructions

1. Think about what each witness knows that would help the court in deciding custody. Use only witnesses that will help your case.

2. Write down questions for the witness. Each question should be designed to get some specific information. Go over the questions with your witnesses.

3. Ask the court for assistance in subpoenaing witnesses who may not want to come willingly. You will not be able to go over the questions with these witnesses in advance.

4. Understand the hearsay rule. A witness can testify only about something he or she knows about firsthand. Your mother can testify that she saw your spouse hit your child, but she cannot testify that her neighbor told her he saw your spouse hit your child. The neighbor would need to testify about this himself.

5. Call one witness at a time when the judge tells you it is your turn.

6. Be polite and clear with all witnesses, even ones you don't like.

7. Refer to a witness as Mr. or Ms.

8. Do not argue with a witness. You may ask questions such as "Didn't you say yesterday that Mr. Smith slapped the child?" You may not say, "You liar, you told me yesterday that he slapped the child!"

9. Stand when you are questioning the witnesses. Do not approach the witness box without the judge's permission.

10. Say, "No more questions," when you are done questioning the witness, and sit down. The other side will ask your witness questions. You will have a chance to redirect - ask more questions afterward.

11. Cross-examine witnesses called by the other side. This means you can ask the witness questions about anything he or she testified about.

12. Focus on getting witnesses to give information that will show the court that you are a good parent or that the other parent lacks parenting skills. Don't get involved in trying to show the other parent was mean to you or your mother.

Tips & Warnings

• If you are representing yourself, you may wish to meet with an attorney for an hour or two for a consultation. Have him or her explain basic evidence rules in your state and advise you about how to handle the case.

• Remember that asking questions of witnesses is your absolute right in a custody case. Don't be intimidated or afraid to do so.

• Because you are at risk of losing custody of your children in this type of case, you should hire an attorney if at all possible.