Is there any benefit at all to showing some of my hand before the custody hearing?
Both sides received a written report made by a therapist (they chose) to do 3 co-parent counseling sessions. I am able to rebut all of the arguments that were cited in the report and support with documentation.
I will see ex’s lawyer tomorrow at a deposition. Does it benefit me at all to bring up this report and present my rebuttals?
My train of thought is that she will see I am very prepared and that there are holes in their arguments. BUT, it may also give them clues as to what my strategy will be in court.
I don’t want to go. I want us to be able to settle. But ex is immovable and not willing to negotiate. If I give attorney a peek into what I am doing, then she might try and get him to budge.
Thoughts?
Bringing up your arguments at the deposition may not be the best time or place to do so unless however, you are the one being deposed and you are asked questions directly related to this topic.
Sometimes it can help to discuss contested issues prior to trial so that each party sees where the other stands. However, if one party is refusing to negotiate a settlement, then these efforts can be futile.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Thanks so much for your input. I was not the one being deposed. The person being deposed was my son’s therapist. I could tell by the look on the face of ex’s attorney that the testimony was not what she was hoping for, and was more helpful to me than my ex.
That being said, I decided to quit while I was ahead and leave after the meeting without saying anything more.
We have been through 2 therapists and mediation unsuccessfully – so both sides are well aware of the contested points.
The visitation schedule that ex wants directly contradicts what the 2 therapists and the mediator have recommended – yet he’s still planning to walk into court and request it.
I have reached out several times to propose that we meet in the middle of our respective ideal visitation schedules – to both compromise a bit and settle without this dragging on and on. He refuses to budge an inch.
He has an attorney that costs about $275/hour.
It’s his money…