Thoughts on my Recent Utah Child Custody Trial

I recently had a child custody trial, and I wanted to jot down some quick notes about it.

I’m a firm believer in deposing people in divorce and child custody cases. Most family law attorneys don’t do this because of financial concerns (i.e., their clients don’t want to pay for it). I think it’s best practice to depose the opposing party so you have some sort of idea what they’ll say at trial. You can fly blind if you want, but that just doesn’t seem like the best way to go about lawyering.

In keeping with the above, opposing counsel (an incredibly nice man, who I enjoy working with immensely) and I both deposed each other’s witnesses in anticipation of trial. We both knew where we wanted to go with our questioning at trial because we had already asked those questions months ago.

The problem is when you ask the questions during trial you asked during a deposition, you tend to get different answers. This might be exactly what you want because you want to catch someone in a lie and damage their credibility. That wasn’t the situation in which I found myself, however.

I didn’t need to prove the other side non-credible. She did that all on her own every time she spoke. What I wanted to do was get out the same information I elicited during the deposition and do it efficiently.

And that’s where the transcript came in.

I had never tried this before, but I decided to role play with her, reading my portion of the transcript, and having her read her responses.

I started by asking her if she answered correctly during her deposition testimony. She said she did, so we started role playing. It was fantastic.

If I had asked her the same questions at trial I asked previously, she would have hemmed and hawed, hedged, and outright changed her answers and it would have been a drawn-out mess. (Her idea of answering a question throughout the entire case had been to ask me three times to repeat every question.) By reading the deposition, I skipped over all of that. We got straight to the point and didn’t have to deal with the tension that comes from witnesses who are constitutionally incapable of telling the truth the first time around.

The other great thing about role playing is you can add inflection to your voice to emphasize important moments of testimony.

So, if you don’t need to worry about making someone look like a liar, and you want to elicit information quickly, read the deposition transcript.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
Brown Family Law
Based on 802 reviews
Amber McFee is always professional and great to work with. Being opposing counsel by nature is adversarial, but Amber is professional in approach while effectively advocating for her clients. She will treat you right!
Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.
Response from the owner: Devin, thank you for the kind words. Andrew appreciated the opportunity to help you with your situation.
Sophie was very helpful and explains the process and fees. Thank you!
Response from the owner: Corey, thank you for the kind words. Glad we could help.
Dani always kept me updated and has great communication skills.
Response from the owner: Thank you, Sofia.
Dani was extremely helpful and always responsive.
Response from the owner: Glad Dani did well for you.
My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.
Response from the owner: Jodie, glad we were able to communicate with you so effectively and quickly. Thank you for your kind words.
I recently used Clay in a divorce case and could not have been happier. He was efficient, knowledgeable, and made me feel like I was his only client. The process was easy and he was always there to reassure me or help me with decisions. I would highly recommend Brown Family Law.
Response from the owner: Thank you, Mendi.
Dani excelled as a paralegal, providing crucial support with exceptional skills!
Response from the owner: Glad Dani did such a good job for you.
Thank you So much
Response from the owner: You're welcome. Thank you for choosing us to help you.
I highly recommend Nathaniel and his team. They listened to me, navigated me, educated me, and always called when they said they would. Going through a divorce was very hard but they helped me get through it and showed compassion the whole time.
Response from the owner: Amy, thank you for your recommendation, and glad we could help you through your divorce.