In general, parents typically submit a witness statement in Oklahoma along with their motion to change child custody because they support the parents’ reasons for a change in custody. Many of these statements can be used as character statements as well.
There are many benefits of using a witness statement including not only showing a parent’s character, but also provides evidence and can provide context to an issue.
Introducing the Witness Statement
In order to introduce a witness statement, you need to alert the court, which is typically done by your divorce attorney in the form of a motion. However, if your divorce attorney files an emergency motion, you can attach astatement to the motion if it is relevant to the matter in the motion.
When you present a witness statement, make sure you can explain how the statement is relevant and that it highlights your concern and opposing parties actions. Because a judge will not review dozens of statements, make sure to only submit the witness statements you feel are the strongest.
Who May Give a Statement
While anyone can give a witness statement, it is preferred to not submit one that is from a party involved in the proceedings. Additionally, the best witnesses possess the following:
- Directly witnessed something relevant to the divorce case.
- Are believable, consistent, and stable.
- Do not take obvious sides in the divorce proceedings.
In addition to these qualities, witnesses can be:
- Relatives (however it is advised that it not be relatives of the opposing party)
- Friends, neighbors and co-workers
- Children’s teachers, sport coaches, child care providers, and anyone else that has frequent contact with your children
- Experts, such as a psychologist
What to Include in a Witness Statement
While your divorce attorney will help you decide whether to create a witness statement, interview the witness, and construct the statement, it is important to know what you will include. This will help you indicate to your divorce attorney, which witnesses will be helpful and relevant.
The basic foundational elements of a witness statement include:
- Witness name
- How many times the witness has provided a statement in the case
- Number of exhibits
- Date the statement was signed
- All court information
In addition to the foundational elements of the statements, specific information should be included that supports your position. The statement should include:
- The witness’ relationship to the children in the case.
- The witness’ relationship to the parent submitting the statement and the opposing party.
- Views on the kind of contact the other parent is having with the children. For example is the contact to much or too little? Has the contact increased or decreased? Is the other parent consistent in custody time? If they see any concern with the current custody arrangement.
- If there has been any concerning incidents.
- If the children have discussed issues with the witness.
Including unbiased relevant information, such as facts and situations the witness was present for, are the strongest statements and will carry more weight with the judge.
Statements of Truth
The last page of the statement will contain a statement of truth that your divorce attorney will prepare for you. This statement confirms that the witness’ statement is true and that the witness understands and approves the witness statement.
In addition, when the witness signs the statement of truth, they are certifying that the statement of truth was read to them and that they understand the consequences of giving a false statement. The statement of truth must be signed in the presence of a proper witness.
Free Consultation with a Tulsa Divorce Attorney
Consulting with an attorney as soon as possible in a divorce case is very important in order to preserve your rights and make sure terms of your divorce settlement are fair. An attorney can help advocate on your behalf, advise you on choosing the best witnesses, and create expert statements for your case.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call now: 918-924-5526.
