Lesson 1: Initial Decisions
1.0 Introduction to Initial Decisions
1.1 Establish a Custody and Parenting Time Strategy
Identify client goals, assess family dynamics, and analyze the strengths and weaknesses of the client’s position.
Analyze best interests factors, recommend a strategy, and manage client expectations.
1.2 Counsel the Client on Child Support Issues
Advise the client on how child support is calculated and on different payment methods.
Identify sources and types of parental income for child support.
1.3 Decide Whether to Opt In or Opt Out of the Friend of the Court
Counsel the client on services offered by the Friend of the Court and the advantages and disadvantages for opting out.
Prepare and file necessary documents to opt out of and opt back in to the Friend of the Court.
Lesson 2: Pretrial Matters
2.0 Introduction to Pretrial Matters
2.1 Manage the Pretrial Phase
Guide your client through the pretrial process.
Use discovery strategically to address the child-related issues in your case.
2.2 Navigate Local Friend of the Court Practices in the Pretrial Stage
Identify local court practices and the role of the local Friend of the Court office.
Determine how Friend of the Court services can help your client meet the client’s pretrial goals.
2.3 Prepare Motions and Temporary Orders for Custody, Parenting Time, and Child Support
Prepare a motion and proposed temporary order that reflects your custody and parenting time strategy.
Prepare a motion for temporary child support.
2.4 Prepare for the Hearing on the Motion for Temporary Orders
Counsel the client on strategy for the hearing on the motion for temporary orders.
Choose and prepare witnesses to offer testimony at the hearing.
2.5 Handle a Pretrial Friend of the Court Hearing
Examine witnesses on the best interests factors to support your custody and parenting time request.
Determine whether to object to the referee’s recommendation.
Lesson 3: Final Judgment
3.0 Introduction to Final Judgment
3.1 Handle Custody and Parenting Time Mediation
Gather evidence and draft the mediation summary.
Prepare your client to be open to compromise.
Successfully interact with the mediator.
Memorialize the agreement.
3.2 Prepare for Trial on Custody and Parenting Time
Continue discovery, stipulate to facts and exhibits, exchange witness lists and exhibits, and prepare the trial brief by the dates set in the scheduling order.
Plan the opening statement, testimony, and exhibits and prepare the client and witnesses for trial.
3.3 Present Proofs at Trial
Make opening and closing statements and offer testimony and exhibits on best interests factors to achieve the desired outcome.
Present evidence on the parties’ income and expenses related to the children.
3.4 Enter a Judgment of Divorce
Draft and enter a judgment that conforms to the judge’s opinion and order after trial.
Ensure that the client understands the judgment and the importance of complying with its terms.