Direct Examination of Party - Prima Facie Custody Case
This section contains general questions from Chapter 40 of the New York Matrimonial Trial Handbook to establish a prima facie custody case. These questions should be supplemented to suit your particular case, with the more specific questions dealing with forensic evaluations, psychologists, psychiatrists and other expert witnesses. Click on this link to see a list of the questions which appear in the New York Matrimonial Trial Handbook.
Authors note: Several of the questions contain words or phrases in brackets or parenthesis. Several of the questions contain parenthesis or brackets separating the parts of the question or the person to whom a question may apply (i.e., [Plaintiff] [Defendant]). There are also questions written as singular and plural questions, (i.e., child (ren)) and (If yes) and (If no) questions which refer to whether the previous question was answered in the affirmative or negative. All or part of a question may or may not be applicable in your case. If so, counsel should use the portion(s) of the question that is (are) applicable in the particular case, rather than ask the question as written. In many instances, it may be necessary to repeat portions of a question or series of questions several times, each time using a different part of the question, or series of questions. If the client has personal knowledge of his or her spouses’ circumstances the same questions which the client is asked about himself or herself may be asked with regard to the clients’ spouse. Many of the same questions may be asked of the client’s spouse on cross-examination, or on direct examination if you call the spouse as a witness on your direct case.
Many of the answers to the following questions can be corroborated by offering documents into evidence. Many of the questions ask the witness about the existence of documents. If counsel wants to question the witness with regard to the documents counsel must ask the witness to produce the document, mark the document for identification and offer the document into evidence before asking questions with regard to the document.
40-1. Custody Jurisdiction
(By counsel)
Q. Are you the plaintiff in this action?
Q. How old were you at the date of commencement of this action?
Q. Is [insert name] the defendant your [husband] [wife]?
Q. How old was the defendant at the date of commencement of this action?
Q. When were you and the defendant married?
Q. Where were you and the defendant married?
Q. Were you and the defendant residents of the State of New York at the time of the commencement of this action, and for a continuous period of one year immediately preceding the commencement of this action? (and)
Q. Were you married in this state? (or)
Q. Have you resided in this state as husband and wife? (or)
Q. Did the cause of action arise in New York?
Q. Were you [was the defendant] a resident of the State of New York at the time of the commencement of this action, and for a continuous period of two years immediately preceding the commencement of this action?
Q. Did you and the defendant reside in this state at the time of the commencement of this action? (and)
Q. Did the cause of action for divorce arise in New York?
Q. Are there children (born of) (adopted by you) the marriage?
Q. What are their names and dates of Birth?
Q. Where do you reside?
Q. Where does the defendant reside?
Q. What is the (name), (present address) and (date of birth) of each child who is the subject of this proceeding?
Q. Where did (the) (each) child reside within six months before the filing of the summons in this action?
Q. Was (Were) the child (ren) (is) absent from this state within six months before the filing of the summons in this action?
Q. Why (was) (were) the child (ren) absent from this state within six months before the filing of the summons in this action?
Q. Did any parent continue to live in this state during such period?
Q. Who was that parent?
Q. Did person acting as a parent continue to live in this state during such period?
Q. Who was that person?
Q. What connections do you have with this state other than mere physical presence?
Q. What connection does your spouse have with this state other than mere physical presence?
Q. What evidence is available in this state concerning the child’s care, protection, training, and personal relationships?
Q. Has a court of another state declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Domestic Relations Law §§76-f or 76-g?
Q. (If yes) Which court of another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum?
Q. Does a court of any other state have jurisdiction of custody or visitation?
Q. (if yes) Which court of another other state has jurisdiction of custody or visitation?
Q. Are you asking the Court to exercise temporary, emergency jurisdiction, pursuant to Domestic Relations Law §76-c?
Q. What is the reason you are asking the Court to exercise temporary emergency jurisdiction? (i.e., the child is presently in this State and the child has been abandoned; or it is necessary in an emergency to protect the child, a sibling or parent of the child)
Q. Have any custody orders been issued by any other Court?
Q. What Court issued such order(s)?
Q. What is the date of such order(s)?
Q. What (do) (does) the order(s) provide?
Q. Has any proceeding has been commenced that could affect this action?
Q. (If yes) What proceeding(s) have been commenced that could affect this action?
Q. Has an order of (custody) (visitation) of one or more of the same child (ren) been registered in New York State?
Q. What is the court and jurisdiction that registered the order?
Q. What is the date of registration(s)?
Q. What is the court and the jurisdiction that issued the order?
Q. Who are the children covered by the order?
Q. What is the date of the order?
Q. Has an order of custody visitation of one or more of the same child (ren) been registered in another state, territory, tribal jurisdiction or country?
Q. What court(s) registered the order?
Q. What is the date of registration(s)?
Q. What is the court and the jurisdiction that issued the order?
Q. Who are the children covered by the order?
Q. What is the date of the order?
Q. Has the child (ren) resided with any other persons during the past five years?
Q. What is the name and present address of the person(s) with whom each child resided during the past five years?
Q. Have you participated as a party in other litigation concerning the custody of the same child (ren) in New York State?
Q. Have you participated as a party in other litigation concerning the custody of the same child (ren) in any other State or other jurisdiction? Q. (If yes) What type of case was it?
Q. (If yes) What was the Court, location, index or docket number, if known, and status of the case?
Q. Has anyone, not a party to these proceedings claimed physical custody or visitation rights to the child (ren)?
Q. Who claim(s) to have custody or visitation rights with respect to the child (ren) affected by this proceeding?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a custody order?
Q. (If yes) What is the court that issued the order?
Q. (If yes) What is the date of the order?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Stipulation of settlement?
Q. (If yes) What is the court, its location, and the date?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Judgment of Divorce?
Q. (If yes) What is the court, its location, and the date?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Separation Agreement?
Q. (If yes) What is the date of the agreement?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Custody or Guardianship Agreement confirmed by a court?
Q. (If yes) What is the court, its location, and the date?
Q. Have you obtained custody of the child (ren)?
Q. What were the circumstances under which you obtained custody?
40-2. Children
(By counsel)
Q. What are the names and, birth dates of all children born or adopted during the marriage?
Q. Is any child currently in school, or any educational institution?
Q. What is the grade, name, and location of each school or institution?
Q. Are any of the children employed, either full-time or part-time?
Q. What is the name and address of his/her employer?
Q. What is the nature of the employment?
Q. Does any child need unusual or extraordinary medical, psychiatric, psychological, or dental care, or require special care or training or have special financial needs?
Q. What is the nature of treatment, training, or care?
Q. What is the name and address of treating doctors and/or other professionals?
Q. What is the name and address of any special school, institutions, or training facilities?
Q. What is the cost of such treatment, care, and/or training?
Q. What is the estimated length of such treatment, care, and/or training?
40-3. History
(By counsel)
Q. Please tell us when you became pregnant with your (first) child?
Q. Where were you and your spouse living at the time?
Q. Were you employed at the time?
Q. Where?
Q. Was your spouse employed at the time?
Q .Where?
Q. How long did you work after you discovered you were pregnant?
Q. What did your spouse do during your pregnancy?
Q. Where and when did you give birth to your (first) child?
Q. Who was present?
Q. Where did you live when you gave birth to your child?
Q. What did you do with regard to your child during the first three months after you brought her/his home from the hospital?
Q. What did your spouse do with regard to your child during the first three months after you brought her/him home from the hospital?
Q. Why couldn't your spouse help you more with your daughter/son?
Q. How old is ______ now?
40-4. Upbringing of child
(By Counsel)
Q. Have you been involved in the upbringing of your child?
Q. What have you done during your child's upbringing with regard to her/his toilet training?
Q. What have you done during your child's upbringing with regard to her/his bathing?
Q. What have you done during your child's upbringing with regard to her/his washing in the morning and at night?
Q. What have you done during your child's upbringing with regard to her/his cleanliness and attention to her/his body?
Q. What have you done during your child's upbringing with regard to her/his brushing teeth?
Q. What have you done during your child's upbringing with regard to her/his combing hair?
Q. What have you done during your child's upbringing with regard to her/his cleaning nails?
Q. What have you done during your child's upbringing with regard to her/his food and feeding?
Q. What have you done during your child's upbringing with regard to her/his table manners?
Q. What have you done during your child's upbringing with regard to her/his preparation of her/his meals?
Q. What have you done during your child's upbringing with regard to her/his cleanliness of her/his room?
Q. What have you done during your child's upbringing with regard to her/his seeing that her/his bed was made?
Q. What have you done during your child's upbringing with regard to her/his putting her/him to sleep?
Q. What have you done during your child's upbringing with regard to her/his getting up when child woke up in middle of the night?
Q. What have you done during your child's upbringing with regard to her/his visits to the pediatrician?
Q. What have you done during your child's upbringing with regard to her/his doctor visits?
Q. What have you done during your child's upbringing with regard to her/his treatment during illness?
Q. What have you done during your child's upbringing with regard to her/his checkups?
Q. What have you done during your child's upbringing with regard to her/his dressing in the morning?
Q. What have you done during your child's upbringing with regard to her/his undressing in the evening?
Q. What have you done during your child's upbringing with regard to her/his laundry?
Q. What have you done during your child's upbringing with regard to her/his purchase of clothing?
Q. What have you done during your child's upbringing with regard to her/his athletic activities?
Q. What have you done during your child's upbringing with regard to her/his educational activities?
Q. What have you done during your child's upbringing with regard to her/his reading with children?
Q. What have you done during your child's upbringing with regard to her/his going to museums?
Q. What have you done during your child's upbringing with regard to her/his going to parties?
Q. What have you done during your child's upbringing with regard to her/his going to plays?
Q. What have you done during your child's upbringing with regard to her/his going to the theater?
Q. What have you done during your child's upbringing with regard to her/his playing games with you?
Q. What have you done during your child's upbringing with regard to her/his education?
Q. What have you done during your child's upbringing with regard to her/his school conferences?
Q. What have you done during your child's upbringing with regard to her/his homework?
Q. What have you done during your child's upbringing with regard to her/his teacher conferences
Q. What have you done during your child's upbringing with regard to her/his special school activities?
Q. What have you done during your child's upbringing with regard to her/his birthdays?
Q. What have you done during your child's upbringing with regard to her/his going to birthday parties of other children?
Q. What have you done during your child's upbringing with regard to her/his playing musical instruments?
Q. What have you done during your child's upbringing with regard to her/his special talents?
Q. What have you done during your child's upbringing with regard to her/his manners?
Q. What have you done during your child's upbringing with regard to her/his respect?
Q. What have you done during your child's upbringing with regard to her/his discipline?
Q. What have you done during your child's upbringing with regard to her/his celebration of holidays?
Q. What have you done during your child's upbringing with regard to her/his celebration of religious holidays?
Q. What have you done during your child's upbringing with regard to her/his attendance at religious school?
Q. What have you done during your child's upbringing with regard to her/his religious upbringing?
Q. What have you done during your child's upbringing with regard to her/his vacations?
Q. What have you done during your child's upbringing with regard to her/his camp attendance?
Q. What have you done during your child's upbringing with regard to her/his other ____________?
40-5. Living accommodations
(By Counsel)
Q. Please describe your living accommodations.
Q. Please describe your child's room?
Q. Do you know what living accommodations your spouse has for her/him?
Q. Please describe them.
40-6. Employment
(By Counsel)
Q. Do you work outside the home?
Q. Where is it in relation to your house?
Q. What days and hours do you work each week?
Q. How long does it take to get to work?
Q. Does your (profession) (career) employment interfere with your relationship with your child?
Q. Why not?
40-7. School
(By Counsel)
Q. When does your child leave for school?
Q. Who sees to it that she/he gets to school?
Q. What time does your child come home from school?
Q. How does she/he come home from school?
Q. What will your time schedule be if you are awarded custody?
Q. Who will take care of your child after school?
Q. What arrangements have you made to take care of your child after school?
40-8. Grandparents and relatives
(By Counsel)
Q. Does your child have maternal grandparents?
Q. Please tell us what maternal grandparents she/he has.
Q. Where do they live?
Q. Please describe their relationship.
Q. How often do they see each other?
Q. Does your child have paternal grandparents?
Q. Please tell us what paternal grandparents she/he has.
Q. Where do they live?
Q. Please describe their relationship.
Q. How often do they see each other?
Q. What other maternal relatives does your child have?
Q. Where do they live?
Q. Can you describe their relationship?
Q. How frequently do they see each other?
Q. What do they do with each other?
Q. What other paternal relatives does your child have?
Q. Where do they live?
Q. Can you describe their relationship?
Q. How frequently do they see each other?
Q. What do they do with each other?
40-9. Typical day
(By Counsel)
Q. Please discuss a typical day with your child during the week.
Q. Please tell us what you do with your child on weekends.
40-10. Child’s friends
(By Counsel)
Q. Does your child have any friends in the neighborhood?
Q. Who are they?
Q. Can you describe their relationship?
Q. What does she/he do with her/him?
Q. Where do they do this?
Q. Who takes your child there?
Q. How frequently do they see each other?
Q. Does your child have any friends from school?
Q. Who are they?
Q. Can you describe their relationships?
Q. What does she/he do with her/him?
Q. Where do they do this?
Q. Who takes your child there?
Q. How frequently do they see each other?
40-11. Religion, drug and medical
(By Counsel)
Q. What is your faith?
Q. Do you use drugs or alcohol?
Q. Are you in therapy?
Q. What faith is your child being raised in?
Q. What religious activities does your child regularly attend?
40-12. Daycare, babysitter
(By Counsel)
Q. Do you have a babysitter?
Q. Who is the babysitter?
Q. How long have you had this babysitter?
Q. How did you find the babysitter?
Q. What does she do for/with your child?
Q. Do you have a housekeeper?
Q. Who is the housekeeper?
Q. How long have you had this housekeeper?
Q. How did you find the housekeeper?
Q. What does she do for/with your child?
40-13. Other relationships
(By Counsel)
Q. Do you have a serious relationship with one person?
Q. Are you engaged to be married?
Q. Who is that person?
Q. What is his/her profession?
Q. What is his/her education?
Q. Does he/she have children of his/her own?
Q. How old are his/her children?
Q. How would you describe his/her relationship with your child?
Q. How does your child relate to _____?
Q. How does your child relate to his/her children?
40-14. Interim background and pendente lite order and visitation
(By Counsel)
Q. What are the circumstances under which your child is living solely with you?
Q. When did your (spouse) leave?
Q. Did your spouse consent to your child living with you?
Q. Did your spouse object to your child living with you?
Q. What, if anything, did your spouse do to attempt to obtain temporary custody of your child?
Q. What arrangement did you and your spouse make, upon (his/her) leaving, with regard to custody/visitation of your child?
Q. How frequently did he/she initially visit your child?
Q. When?
Q. How frequently did he/she initially call your child?
Q. When?
Q. How frequently did he/she initially vacation with your child?
Q. When?
Q. Has the frequency of (visitation) (telephone calls) (vacation) changed?
Q. What changed?
Q. When did it change?
Q. How did it change?
Q. Do you encourage visitation?
Q. What do you do affirmatively to encourage visitation?
Q. What are your plans and intentions for the future?
Q. Do you intend to relocate?
Q. Why?
Q. Is there a pendente lite custody order?
Q. What is its date?
Q. What does it provide?
Q. Has your spouse complied with it?
Q. How has your spouse not complied with it?
40-15. Inappropriate behavior/domestic violence
(By Counsel)
Q. Has your spouse ever acted inappropriately in the presence of your child (ren)?
Q. When?
Q. Please describe the incident(s)?
Q. Has your spouse ever committed any acts of domestic violence?
Q. When?
Q. Please describe the incident(s)?
40-16. Love your child
(By Counsel)
Q. How do you feel about your child?
Q. Why do you want the court to award custody to you?
Q. If you are awarded custody, will you encourage communication?
Q. If you are award custody, will you encourage visitation?
Q. What visitation would you want to be awarded to your spouse?
(By Counsel)
I have no further questions of this witness Your Honor.
This section contains general questions from Chapter 40 of the New York Matrimonial Trial Handbook to establish a prima facie custody case. These questions should be supplemented to suit your particular case, with the more specific questions dealing with forensic evaluations, psychologists, psychiatrists and other expert witnesses. Click on this link to see a list of the questions which appear in the New York Matrimonial Trial Handbook.
Authors note: Several of the questions contain words or phrases in brackets or parenthesis. Several of the questions contain parenthesis or brackets separating the parts of the question or the person to whom a question may apply (i.e., [Plaintiff] [Defendant]). There are also questions written as singular and plural questions, (i.e., child (ren)) and (If yes) and (If no) questions which refer to whether the previous question was answered in the affirmative or negative. All or part of a question may or may not be applicable in your case. If so, counsel should use the portion(s) of the question that is (are) applicable in the particular case, rather than ask the question as written. In many instances, it may be necessary to repeat portions of a question or series of questions several times, each time using a different part of the question, or series of questions. If the client has personal knowledge of his or her spouses’ circumstances the same questions which the client is asked about himself or herself may be asked with regard to the clients’ spouse. Many of the same questions may be asked of the client’s spouse on cross-examination, or on direct examination if you call the spouse as a witness on your direct case.
Many of the answers to the following questions can be corroborated by offering documents into evidence. Many of the questions ask the witness about the existence of documents. If counsel wants to question the witness with regard to the documents counsel must ask the witness to produce the document, mark the document for identification and offer the document into evidence before asking questions with regard to the document.
40-1. Custody Jurisdiction
(By counsel)
Q. Are you the plaintiff in this action?
Q. How old were you at the date of commencement of this action?
Q. Is [insert name] the defendant your [husband] [wife]?
Q. How old was the defendant at the date of commencement of this action?
Q. When were you and the defendant married?
Q. Where were you and the defendant married?
Q. Were you and the defendant residents of the State of New York at the time of the commencement of this action, and for a continuous period of one year immediately preceding the commencement of this action? (and)
Q. Were you married in this state? (or)
Q. Have you resided in this state as husband and wife? (or)
Q. Did the cause of action arise in New York?
Q. Were you [was the defendant] a resident of the State of New York at the time of the commencement of this action, and for a continuous period of two years immediately preceding the commencement of this action?
Q. Did you and the defendant reside in this state at the time of the commencement of this action? (and)
Q. Did the cause of action for divorce arise in New York?
Q. Are there children (born of) (adopted by you) the marriage?
Q. What are their names and dates of Birth?
Q. Where do you reside?
Q. Where does the defendant reside?
Q. What is the (name), (present address) and (date of birth) of each child who is the subject of this proceeding?
Q. Where did (the) (each) child reside within six months before the filing of the summons in this action?
Q. Was (Were) the child (ren) (is) absent from this state within six months before the filing of the summons in this action?
Q. Why (was) (were) the child (ren) absent from this state within six months before the filing of the summons in this action?
Q. Did any parent continue to live in this state during such period?
Q. Who was that parent?
Q. Did person acting as a parent continue to live in this state during such period?
Q. Who was that person?
Q. What connections do you have with this state other than mere physical presence?
Q. What connection does your spouse have with this state other than mere physical presence?
Q. What evidence is available in this state concerning the child’s care, protection, training, and personal relationships?
Q. Has a court of another state declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Domestic Relations Law §§76-f or 76-g?
Q. (If yes) Which court of another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum?
Q. Does a court of any other state have jurisdiction of custody or visitation?
Q. (if yes) Which court of another other state has jurisdiction of custody or visitation?
Q. Are you asking the Court to exercise temporary, emergency jurisdiction, pursuant to Domestic Relations Law §76-c?
Q. What is the reason you are asking the Court to exercise temporary emergency jurisdiction? (i.e., the child is presently in this State and the child has been abandoned; or it is necessary in an emergency to protect the child, a sibling or parent of the child)
Q. Have any custody orders been issued by any other Court?
Q. What Court issued such order(s)?
Q. What is the date of such order(s)?
Q. What (do) (does) the order(s) provide?
Q. Has any proceeding has been commenced that could affect this action?
Q. (If yes) What proceeding(s) have been commenced that could affect this action?
Q. Has an order of (custody) (visitation) of one or more of the same child (ren) been registered in New York State?
Q. What is the court and jurisdiction that registered the order?
Q. What is the date of registration(s)?
Q. What is the court and the jurisdiction that issued the order?
Q. Who are the children covered by the order?
Q. What is the date of the order?
Q. Has an order of custody visitation of one or more of the same child (ren) been registered in another state, territory, tribal jurisdiction or country?
Q. What court(s) registered the order?
Q. What is the date of registration(s)?
Q. What is the court and the jurisdiction that issued the order?
Q. Who are the children covered by the order?
Q. What is the date of the order?
Q. Has the child (ren) resided with any other persons during the past five years?
Q. What is the name and present address of the person(s) with whom each child resided during the past five years?
Q. Have you participated as a party in other litigation concerning the custody of the same child (ren) in New York State?
Q. Have you participated as a party in other litigation concerning the custody of the same child (ren) in any other State or other jurisdiction? Q. (If yes) What type of case was it?
Q. (If yes) What was the Court, location, index or docket number, if known, and status of the case?
Q. Has anyone, not a party to these proceedings claimed physical custody or visitation rights to the child (ren)?
Q. Who claim(s) to have custody or visitation rights with respect to the child (ren) affected by this proceeding?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a custody order?
Q. (If yes) What is the court that issued the order?
Q. (If yes) What is the date of the order?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Stipulation of settlement?
Q. (If yes) What is the court, its location, and the date?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Judgment of Divorce?
Q. (If yes) What is the court, its location, and the date?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Separation Agreement?
Q. (If yes) What is the date of the agreement?
Q. Has the custody or visitation of the child (ren) been determined or agreed upon in a Custody or Guardianship Agreement confirmed by a court?
Q. (If yes) What is the court, its location, and the date?
Q. Have you obtained custody of the child (ren)?
Q. What were the circumstances under which you obtained custody?
40-2. Children
(By counsel)
Q. What are the names and, birth dates of all children born or adopted during the marriage?
Q. Is any child currently in school, or any educational institution?
Q. What is the grade, name, and location of each school or institution?
Q. Are any of the children employed, either full-time or part-time?
Q. What is the name and address of his/her employer?
Q. What is the nature of the employment?
Q. Does any child need unusual or extraordinary medical, psychiatric, psychological, or dental care, or require special care or training or have special financial needs?
Q. What is the nature of treatment, training, or care?
Q. What is the name and address of treating doctors and/or other professionals?
Q. What is the name and address of any special school, institutions, or training facilities?
Q. What is the cost of such treatment, care, and/or training?
Q. What is the estimated length of such treatment, care, and/or training?
40-3. History
(By counsel)
Q. Please tell us when you became pregnant with your (first) child?
Q. Where were you and your spouse living at the time?
Q. Were you employed at the time?
Q. Where?
Q. Was your spouse employed at the time?
Q .Where?
Q. How long did you work after you discovered you were pregnant?
Q. What did your spouse do during your pregnancy?
Q. Where and when did you give birth to your (first) child?
Q. Who was present?
Q. Where did you live when you gave birth to your child?
Q. What did you do with regard to your child during the first three months after you brought her/his home from the hospital?
Q. What did your spouse do with regard to your child during the first three months after you brought her/him home from the hospital?
Q. Why couldn't your spouse help you more with your daughter/son?
Q. How old is ______ now?
40-4. Upbringing of child
(By Counsel)
Q. Have you been involved in the upbringing of your child?
Q. What have you done during your child's upbringing with regard to her/his toilet training?
Q. What have you done during your child's upbringing with regard to her/his bathing?
Q. What have you done during your child's upbringing with regard to her/his washing in the morning and at night?
Q. What have you done during your child's upbringing with regard to her/his cleanliness and attention to her/his body?
Q. What have you done during your child's upbringing with regard to her/his brushing teeth?
Q. What have you done during your child's upbringing with regard to her/his combing hair?
Q. What have you done during your child's upbringing with regard to her/his cleaning nails?
Q. What have you done during your child's upbringing with regard to her/his food and feeding?
Q. What have you done during your child's upbringing with regard to her/his table manners?
Q. What have you done during your child's upbringing with regard to her/his preparation of her/his meals?
Q. What have you done during your child's upbringing with regard to her/his cleanliness of her/his room?
Q. What have you done during your child's upbringing with regard to her/his seeing that her/his bed was made?
Q. What have you done during your child's upbringing with regard to her/his putting her/him to sleep?
Q. What have you done during your child's upbringing with regard to her/his getting up when child woke up in middle of the night?
Q. What have you done during your child's upbringing with regard to her/his visits to the pediatrician?
Q. What have you done during your child's upbringing with regard to her/his doctor visits?
Q. What have you done during your child's upbringing with regard to her/his treatment during illness?
Q. What have you done during your child's upbringing with regard to her/his checkups?
Q. What have you done during your child's upbringing with regard to her/his dressing in the morning?
Q. What have you done during your child's upbringing with regard to her/his undressing in the evening?
Q. What have you done during your child's upbringing with regard to her/his laundry?
Q. What have you done during your child's upbringing with regard to her/his purchase of clothing?
Q. What have you done during your child's upbringing with regard to her/his athletic activities?
Q. What have you done during your child's upbringing with regard to her/his educational activities?
Q. What have you done during your child's upbringing with regard to her/his reading with children?
Q. What have you done during your child's upbringing with regard to her/his going to museums?
Q. What have you done during your child's upbringing with regard to her/his going to parties?
Q. What have you done during your child's upbringing with regard to her/his going to plays?
Q. What have you done during your child's upbringing with regard to her/his going to the theater?
Q. What have you done during your child's upbringing with regard to her/his playing games with you?
Q. What have you done during your child's upbringing with regard to her/his education?
Q. What have you done during your child's upbringing with regard to her/his school conferences?
Q. What have you done during your child's upbringing with regard to her/his homework?
Q. What have you done during your child's upbringing with regard to her/his teacher conferences
Q. What have you done during your child's upbringing with regard to her/his special school activities?
Q. What have you done during your child's upbringing with regard to her/his birthdays?
Q. What have you done during your child's upbringing with regard to her/his going to birthday parties of other children?
Q. What have you done during your child's upbringing with regard to her/his playing musical instruments?
Q. What have you done during your child's upbringing with regard to her/his special talents?
Q. What have you done during your child's upbringing with regard to her/his manners?
Q. What have you done during your child's upbringing with regard to her/his respect?
Q. What have you done during your child's upbringing with regard to her/his discipline?
Q. What have you done during your child's upbringing with regard to her/his celebration of holidays?
Q. What have you done during your child's upbringing with regard to her/his celebration of religious holidays?
Q. What have you done during your child's upbringing with regard to her/his attendance at religious school?
Q. What have you done during your child's upbringing with regard to her/his religious upbringing?
Q. What have you done during your child's upbringing with regard to her/his vacations?
Q. What have you done during your child's upbringing with regard to her/his camp attendance?
Q. What have you done during your child's upbringing with regard to her/his other ____________?
40-5. Living accommodations
(By Counsel)
Q. Please describe your living accommodations.
Q. Please describe your child's room?
Q. Do you know what living accommodations your spouse has for her/him?
Q. Please describe them.
40-6. Employment
(By Counsel)
Q. Do you work outside the home?
Q. Where is it in relation to your house?
Q. What days and hours do you work each week?
Q. How long does it take to get to work?
Q. Does your (profession) (career) employment interfere with your relationship with your child?
Q. Why not?
40-7. School
(By Counsel)
Q. When does your child leave for school?
Q. Who sees to it that she/he gets to school?
Q. What time does your child come home from school?
Q. How does she/he come home from school?
Q. What will your time schedule be if you are awarded custody?
Q. Who will take care of your child after school?
Q. What arrangements have you made to take care of your child after school?
40-8. Grandparents and relatives
(By Counsel)
Q. Does your child have maternal grandparents?
Q. Please tell us what maternal grandparents she/he has.
Q. Where do they live?
Q. Please describe their relationship.
Q. How often do they see each other?
Q. Does your child have paternal grandparents?
Q. Please tell us what paternal grandparents she/he has.
Q. Where do they live?
Q. Please describe their relationship.
Q. How often do they see each other?
Q. What other maternal relatives does your child have?
Q. Where do they live?
Q. Can you describe their relationship?
Q. How frequently do they see each other?
Q. What do they do with each other?
Q. What other paternal relatives does your child have?
Q. Where do they live?
Q. Can you describe their relationship?
Q. How frequently do they see each other?
Q. What do they do with each other?
40-9. Typical day
(By Counsel)
Q. Please discuss a typical day with your child during the week.
Q. Please tell us what you do with your child on weekends.
40-10. Child’s friends
(By Counsel)
Q. Does your child have any friends in the neighborhood?
Q. Who are they?
Q. Can you describe their relationship?
Q. What does she/he do with her/him?
Q. Where do they do this?
Q. Who takes your child there?
Q. How frequently do they see each other?
Q. Does your child have any friends from school?
Q. Who are they?
Q. Can you describe their relationships?
Q. What does she/he do with her/him?
Q. Where do they do this?
Q. Who takes your child there?
Q. How frequently do they see each other?
40-11. Religion, drug and medical
(By Counsel)
Q. What is your faith?
Q. Do you use drugs or alcohol?
Q. Are you in therapy?
Q. What faith is your child being raised in?
Q. What religious activities does your child regularly attend?
40-12. Daycare, babysitter
(By Counsel)
Q. Do you have a babysitter?
Q. Who is the babysitter?
Q. How long have you had this babysitter?
Q. How did you find the babysitter?
Q. What does she do for/with your child?
Q. Do you have a housekeeper?
Q. Who is the housekeeper?
Q. How long have you had this housekeeper?
Q. How did you find the housekeeper?
Q. What does she do for/with your child?
40-13. Other relationships
(By Counsel)
Q. Do you have a serious relationship with one person?
Q. Are you engaged to be married?
Q. Who is that person?
Q. What is his/her profession?
Q. What is his/her education?
Q. Does he/she have children of his/her own?
Q. How old are his/her children?
Q. How would you describe his/her relationship with your child?
Q. How does your child relate to _____?
Q. How does your child relate to his/her children?
40-14. Interim background and pendente lite order and visitation
(By Counsel)
Q. What are the circumstances under which your child is living solely with you?
Q. When did your (spouse) leave?
Q. Did your spouse consent to your child living with you?
Q. Did your spouse object to your child living with you?
Q. What, if anything, did your spouse do to attempt to obtain temporary custody of your child?
Q. What arrangement did you and your spouse make, upon (his/her) leaving, with regard to custody/visitation of your child?
Q. How frequently did he/she initially visit your child?
Q. When?
Q. How frequently did he/she initially call your child?
Q. When?
Q. How frequently did he/she initially vacation with your child?
Q. When?
Q. Has the frequency of (visitation) (telephone calls) (vacation) changed?
Q. What changed?
Q. When did it change?
Q. How did it change?
Q. Do you encourage visitation?
Q. What do you do affirmatively to encourage visitation?
Q. What are your plans and intentions for the future?
Q. Do you intend to relocate?
Q. Why?
Q. Is there a pendente lite custody order?
Q. What is its date?
Q. What does it provide?
Q. Has your spouse complied with it?
Q. How has your spouse not complied with it?
40-15. Inappropriate behavior/domestic violence
(By Counsel)
Q. Has your spouse ever acted inappropriately in the presence of your child (ren)?
Q. When?
Q. Please describe the incident(s)?
Q. Has your spouse ever committed any acts of domestic violence?
Q. When?
Q. Please describe the incident(s)?
40-16. Love your child
(By Counsel)
Q. How do you feel about your child?
Q. Why do you want the court to award custody to you?
Q. If you are awarded custody, will you encourage communication?
Q. If you are award custody, will you encourage visitation?
Q. What visitation would you want to be awarded to your spouse?
(By Counsel)
I have no further questions of this witness Your Honor.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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