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Wednesday, October 13, 2010

Moved in Family Court

Today I had a case in family court, which is usually emotional and many parties represent themselves, often at their own peril.

I was moved emotionally by a father who filed and argued his own motion for modification of child custody involving his two-year-old daughter.

I could tell he was of modest means but he took the time and expense to wear a pressed shirt, tie and nice dress slacks.  Many parties come in t-shirts and jeans.  He was organized, had copies of documents for the court and other party.  Unknown to him there are keys words necessary to argue for a change in custody, namely changed circumstances and best interests of the child, not the parent.

When asked by the court what was the basis for the changed custody the man replied, "I am not working so much now and have more time to devote to my daughter and I miss seeing her and want to tell her in person I love her as often as I can."  He also indicated he used to care for her 12 hours a days at the mothers behest and he misses his daughter.  My heart sunk when I heard his words that echoed through the courtroom.  The court asked him and the mother to take some time in the hallway to try to work out a holiday schedule and the case would be recalled.  I resolved the case I was there before his case was concluded.  As I departed I told him I was impressed by his presentation and sincerity and offered pro bono services to him should he need them in the future. :-)