Just what is a deposition? A deposition is the process by which each party conducts an investigation to find out more information about the case and build a strategy for how they will conduct themselves in the case. In a child custody deposition, your ex-spouse’s lawyer will ask you questions, and your lawyer will ask your ex-spouse questions. It is important to think through what your lawyer will ask your spouse well in advance so you cover everything. Go for questions that elicit fact based answers. A deposition is taken for two reasons: to find out what one witness knows, and to preserve that witness’s testimony. This way, neither will be surprised once the witness is on the stand, and thus an undermining statement from one party won’t catch the other completely unawares. Usually either attorney will collect the deposition in their office, and depending on circumstances the deposition may even be taped.
Prepare
The questions in a deposition tend to be detail oriented and extensive. Good preparation that includes research is a crucial part of success. Of course you know and love your children, but you’ll essentially have to prove that in court; a parent who doesn’t know their child’s age, date of middle school graduation, or what classes their child struggles with doesn’t make for a very convincingly good caregiver. There are many comprehensive sample deposition questions online; your lawyer will probably have a good idea of what you’ll be asked as well. The following are a few sample questions:
- Who has been the primary caregiver?
- What was the husband/father’s role in prenatal care, birthing classes, and the birth of your child?
- What extracurricular do your children participate in?
- Who has been responsible for school registration?
- Who do the children turn to when hurt, sick or sad?
- Who is responsible for grooming, bathing, and getting their children dressed?
Practice
The ordeal can be long, is inevitably personal, and may even be nerve wrecking. If you can feel that you’re nervous in the weeks before the deposition, practice giving your answers. Practice delivery, quiz yourself with a list of prepared questions you think you’ll be asked, and practice a few new questions you aren’t prepared for so you don’t get rattled by a question that catches you off guard. And analyze the way you deliver the answers to questions: if you think you sound uncertain, chances are you probably do. You want to be calm, collected, articulate.
Think of your child custody deposition as a job interview; it basically is.
Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. The hiring of an attorney is an important decision. The information you obtain in this website is not, nor is it intended to be legal advice. You should contact an attorney for individual advice regarding your situation.
