In what was claimed to be a case of a "move away" which had already taken place, and where there was no ongoing order, but only a Parentage Act temporary order of several months, and a time span of less than four years.........client offered other side at least 4 months a year visitation, which is actually fairly long, considering the parents are not in the same state. Other side refused to take the offer. We note this opposing attorney does have great credentials insofar as academics, and even on objections.
In attempting to settle the case, before the trial even started, we proposed several variations, all of which would have given the other side straight time visitation of at least two months duration each time, plus more. We announced before trial began, that we would try for settlement at the outset.
However, apparently the other side was entrenched in their belief that they would be granted custody and would be leaving with the child in tow for some reason.
Suffice to say, we not only won the case, but the other side only got 2 weeks every OTHER month, which, as can be seen, is only 3 months per year. No holiday schedule was given or anything else.
Plus that parent has to pay ALL of the travel expenses, our client pays ZERO.
This proves as an example, that one should know the following:
DOES YOUR ATTORNEY REALLY KNOW WHAT HE/SHE IS DOING?
DO YOU/YOUR ATTORNEY REALLY UNDERSTAND HOW JUDGES SEE CASES?
CAN YOUR ATTORNEY TAKE CLUES FROM JUDGE'S REACTIONS TO YOUR ATTORNEY'S ARGUMENTS OR CROSS EXAMINING?
CAN YOUR ATTORNEY CROSS EXAMINE WITNESSES SO JUDGE IS NOT
BORED BUT WILL QUICKLY WRITE DOWN NOTES--HOPEFULLY ON YOUR SIDE?
We noted that not only did Judge quote attorney herein at least twice, he pointed out various thoughts
as to why and how he decided the case. Not all Judges will do this, but this is a very good judge that is highly thought of and well liked. Attorney is not bragging exactly, because we can't win everything.
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BUT attorney has even won a trial without a client present, a file, or any of our witnesses.
This took place because with 2 days notice, attorney believed it was only a hearing, as client stated it was a hearing, not a trial........ so attorney conceded that we could get it continued, and the client did not even live in town and could not attend. LOL At least that was what attorney believed.
It was not possible to have client who lived hours away out of town, appear.....SO.......
WELL...maybe it wasn't all that amazing? *Wink* !@#$%^&*
In attempting to settle the case, before the trial even started, we proposed several variations, all of which would have given the other side straight time visitation of at least two months duration each time, plus more. We announced before trial began, that we would try for settlement at the outset.
However, apparently the other side was entrenched in their belief that they would be granted custody and would be leaving with the child in tow for some reason.
Suffice to say, we not only won the case, but the other side only got 2 weeks every OTHER month, which, as can be seen, is only 3 months per year. No holiday schedule was given or anything else.
Plus that parent has to pay ALL of the travel expenses, our client pays ZERO.
This proves as an example, that one should know the following:
DOES YOUR ATTORNEY REALLY KNOW WHAT HE/SHE IS DOING?
DO YOU/YOUR ATTORNEY REALLY UNDERSTAND HOW JUDGES SEE CASES?
CAN YOUR ATTORNEY TAKE CLUES FROM JUDGE'S REACTIONS TO YOUR ATTORNEY'S ARGUMENTS OR CROSS EXAMINING?
CAN YOUR ATTORNEY CROSS EXAMINE WITNESSES SO JUDGE IS NOT
BORED BUT WILL QUICKLY WRITE DOWN NOTES--HOPEFULLY ON YOUR SIDE?
We noted that not only did Judge quote attorney herein at least twice, he pointed out various thoughts
as to why and how he decided the case. Not all Judges will do this, but this is a very good judge that is highly thought of and well liked. Attorney is not bragging exactly, because we can't win everything.
------------------------------------
BUT attorney has even won a trial without a client present, a file, or any of our witnesses.
This took place because with 2 days notice, attorney believed it was only a hearing, as client stated it was a hearing, not a trial........ so attorney conceded that we could get it continued, and the client did not even live in town and could not attend. LOL At least that was what attorney believed.
It was not possible to have client who lived hours away out of town, appear.....SO.......
Using only cross examination on 3-4 witnesses, [since attorney's client was not there] Judge proceeded with the trial. (It was either proceed or default so we certainly would not default.)
Amazingly, attorney herein......... did win that trial !!!