[suzyq1]

I have a trial for modification of custody for my 2 sons. My 14 year old is bipolar and 8 year old wants to live with me. The 14 year old has been in trouble with the law. I currently have joint custody with physical custody going to their father because I worked 2 jobs. My ex is a crack user and him and his girlfriend hit each other in front of the kids. There are many other issues involved in this case with him. I am representing myself. The guardian ad litem is on my side. Are there any general questions I can ask each witness of mine? I'm trying to look as professional as possible. Thank you.

[s_cianci]

Be sure to ask objective questions that don't require any speculation or opinionated answers. Also be sure that your witness is qualified to answer the questions asked, i.e. (s)he has firsthand knowledge of the facts you want to expose. Find out in advance what your witnesses know as fact and then ask questions that will bring out those facts. Also keep your questions somewhat open-ended so you don't get accused of leading your witnesses. For example, something like "Can you describe the children's home life?" A good answer would be something like "I've observed the father and girlfriend hitting each other in front of the children. They also smoke in the house and drink large amounts of alcohol frequently, also in the children's presence. Also the children are absent from school excessively and I know of no medical reason for them to be." (Assuming that these things are true ; you can't encourage your witnesses to lie.) The idea is to get your witnesses to state facts but in an unfavorable light, without actually being judgemental. Of course, your witnesses will have to be prepared to be cross-examined by the other side as well.