Pro se custody representation


#1

My fiance is going to represent himself pro se in his custody hearing at the end of next month in regards to his 10yo daughter. His ex has an atty that her parents paid for, he and I because we make sure his $400 per month c/s is paid, provide all for my kids, bills, food, etc…can not afford a lawyer. When he goes to trial, how should he present evidence in his favor? Does he do it in front of the judge or should he talk with his ex’s atty and try to reach an agreement that way before it goes to court so they can settle quickly? He and I are both worried if he presents what he has to his ex’s atty the evidence will disappear. And he will get nearly no time with his daughter, yet we are unsure of when or how to present the evidence at court. One example is: in order to gain sympathy and raise money the ex created a memorial site claiming the child died of a rare disease, she even went so far as having her family members and friends post on the wall that the child was a special little girl and will be missed and her memory will live on…this child is very much alive!

As it is, the ex is asking for my fiance to have his daughter every other weekend from 5pm Friday to 3pm on Sunday unless she decides otherwise or there is something going on, and the ex has the child all holidays, birthdays, school breaks, etc… and my fiance is to have no access to any schooling or medical records. All of this irregardless of whether it is my fiance’s time or not. My fiance would love primary custody of his daughter, yet would agree with every other weekend, dinner visits once a week, split/alternating birthdays and holidays, and.since his daughter is in year round school and has four 3 week track outs per year either a week or week and a half each track out. That and reduced c/s because he and I have a child due in a few weeks, the c/s was based on when he had two incomes and now he has one, and his ex is now working over 30 hours a week but has not reported her earnings claiming she does not have to. What are his chances of getting his daughter more time and being able to have access to her records, reduced c/s, and going to court pro se? Thanks!


#2

The presentation of evidence at a hearing depends on the facts and the witnesses, and it is impossible to answer your question without an understanding of the case. Your fiancé should consider at least having a consultation to discuss the facts and presentation of evidence, or using Rosen Online so he can ask more detailed questions without having full legal representation at the child custody hearing.