Legal Question in Family Law in Tennessee
Not enough $ for a trial, but I have a good case.
I have a son in school and I believe I have a good case to win full custody. As of right now I have joint custody with my ex being the primary custodian. We split the time with him by alternating weeks. His school teacher and 2 women that run the before and after school program agree that my son performs and behaves better when he is with me. The two women that run the before and after school program agree my son should be with me and would testify on my behalf along with his pre-K teacher. His school teacher says he does better with me however I'm not sure if she would testify or not. I have also heard that my ex makes offhanded remarks to the teachers that when is is with me the child is of no concern to her. I do not have enough funds to get through a trial since her attorney is free through her dad's law firm. Do I have a shot representing myself? What should I do? Please help?
1 Answer from Attorneys
Re: Not enough $ for a trial, but I have a good case.
The court will not disturb a custody decision unless there has been "a material change in circumstances." Therefore, the first issue you will confront is giving the court ample evidence that there has been a material change -- so that it will have jurisdiction to review the matter.
Second, the court will be guided by "what is in the best interests of the child." You should constantly mention in oral arguments that you are attempting a change in the child's best interests, not your best interests.
I have seen pro se parties (without a lawyer) beat loud and highly regarded divorce lawyers at trial, but they usually have an ace in the deck -- the child is willing to testify that he prefers to live with the pro se party.
Your child is so young that his testimony won't carry much weight. In fact, the court probably won't hear his testimony -- but you could ask for it.
If you go to http://riskmgmt.biz/prose.htm, then you will see that my law practice involves helping people represent themselves.
Michael A. S. Guth
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