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Discovery in Custody Cases

How to gain an edge on your opposition

The rules of court as they relate to custody matters are clear, there is to be no discovery unless by leave of court. Discovery is the process of engaging the opposing side in written interrogatories, depositions and issuing subpoenas to third parties to produce witnesses or documents, among other things. While the option to engage in this process is not immediate, a carefully crafted petition to the court can result in being permitted to engage in such a process.

The benefits to having a formal discovery process can be great where the opposing side may be hiding things. For instance, a work schedule, prior criminal convictions or information about a new significant other. Most may want to hide such information in a custody proceeding, especially where it contradicts their oral representations to the court and the opposing side.

It is imperative that a custody attorney fight for such evidence, instead of taking the "guided tour" being represented by the opposing party. Having a good bit of evidence at your disposal to contradict what the party may say on the stand is a huge benefit to one's client in a custody proceeding. Contact Shaffer & Engle Law Offices, LLC .