Ventura County  (805) 777-7740 Los Angeles County   (626) 660-9861

Ventura family attorneyIf the custody of your children is an issue during your divorce case, your family attorney will want to question your spouse about possible negative behavior and failings as a parent at the deposition. The areas offered below should be explored by your experienced family attorney:

Domestic violence. In theory, if one spouse has committed domestic violence, custody should not be contested. However, it often is, and each episode of domestic violence must be explored and explained during the divorce process.

Educational background. A parent’s educational background could be an important component in their ability to help their children taking advanced subjects. If a parent does not have the background to help a child with their current education, that lack of ability could be part of the custody battle; however, tutors, study groups, library programs, and other avenues can be taken. The absence of an advanced educational background does not inherently make a bad parent.

Addictions, criminal conduct, driving while impaired, drinking, and/or drug use.   Your family attorney should question your spouse about the impact of such illegal conduct on his or her interactions with your children. If your lawyer asks your spouse about their history of criminal conduct, his or her lawyer will probably object on Fifth Amendment grounds – yet keep in mind that many states regard the exercising of one’s Fifth Amendment rights to be presumption of guilt. Regardless of response, it is important to ask these questions and to introduce your beliefs of bad behavior to the court.

Mental health issues. Disclosure of mental health issues is often a touchy and complicated process that may require a myriad of different procedures if the treated person does not volunteer them. Your Ventura family attorney should speak with your spouse’s attorney to discuss possible objections to these types of questions before the deposition so that steps can be taken beforehand to obtain full disclosure, or to gain the information by other means.

Cruelty and excessive discipline. Excessive punishment and cruelty should be questioned by your attorney. Any instances of cruel or unusual discipline should be brought up. Emotional abuse should also be discussed. Any hurtful or humiliating comments made to or about the children should be questioned as well.