Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?
I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband threatened me and wouldn't let my son return with me. We moved to the state where his father resides because of this situation. My husband is now filing for divorce, and custody arrangements will be made. How can I present these events to the court to ensure I can regain custody or visitation rights with my son, who repeatedly expresses he wants to be with me?
A:
It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of evidence, the whole of child custody law and trial advocacy. This is what your question essentially demands.
Generally a parent can present these facts during cross examination (ex. "you would agree with me that you withheld our child from me on January 2, 2025, right?"). However, the nuances of what to do, how to introduce documents, how do counter his other likely answers are skills and that take knowledge that take years to acquire. Your best bet is to hire local counsel.
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