Your custody dispute can quickly become heated, with the other parent making outrageous accusations against you in hopes of portraying you as a bad parent. And if you don’t act to protect your image and your parenting abilities, then the court may side with the other parent and enter a custody order that’s contrary to your child’s best interests.
That’s why it’s imperative that you do everything you can to counter the other parent’s assertions and arguments. But you might be nervous about how to do that, especially if you’re set to be deposed by the other parent.
What is a deposition?
A deposition is the process of taking testimony under oath outside of court and before the formal contested hearing in your case. The attorney asking you questions has a lot of latitude when it comes to what they can ask you, as your own attorney will be limited in the objections they can make.
What’s the purpose of a deposition in a custody case?
There are several goals in a deposition. One is to learn more information. By asking you broad questions, the other attorney will hope to figure out what you know and what you believe so that they’re better prepared going into the contested hearing. Another goal is to get you to admit certain facts. This can streamline the litigation and give the other side something they can use against you.
But perhaps the biggest advantage of a deposition is that it allows the other side to lock in your testimony. If you try to change your opinion or your account of events at trial after you’ve already been deposed on the issue, then the court might see you as being inconsistent and thus unreliable. This can be a huge advantage for the other parent.
How can you prepare for a deposition in your custody case?
Although it can be stressful to be deposed, there are steps you can take to ready yourself and thereby reduce your anxiety. This includes doing the following:
- Anticipate: If you think about it, you can probably figure out where the other parent is going to try to attack you during your deposition. If you can identify those areas, then you’ll have the opportunity to prepare a solid response that still protects your interests.
- Be honest: Ultimately, you have to tell the truth in your deposition. Therefore, your preparation should focus on the framing of your answers rather than the information that’s actually given. That should reduce your stress a little bit.
- Be prepared to listen to the questions: This might sound obvious, but people often get themselves into trouble when they volunteer information that was never asked for by the other parent. So, be ready to listen carefully to the questions asked so that you can answer them as factually and as succinctly as possible.
- Develop your theory of the case: Going into your custody case, you should have a clear strategy that considers your case’s weaknesses. If that strategy is well-developed, then you’ll naturally be better prepared going into your deposition.
It can feel like things are out of control when you’re deposed in the middle of a contentious child custody case. But by being prepared and gathering evidence and testimony to support your position, you can wrest back control of your case and its outcome. While no particular outcome can be guaranteed in a particular case, thorough preparation could make all the difference in yours.
