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  • File First for Custody – Does it matter in Court

    For custody battle for child in divorce and separations, does it matter who files first in Court?

    Will it give the mother (or the father) any advantage if she files first in court and becomes Applicant? Does it put the father into any disadvantage to be on the defendant position? Will the judge/court treat the matter any differently?

  • #2
    From my expirience, I find that the Applicant is in the better position.... They pretty much get to call all the shots and the repondent has to respond to everything they bring up, even if its stupid and irrelevent (this is just from my expirience) I would rather be the Applicant than the Respondent...

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    • #3
      Originally posted by LakeErie View Post
      For custody battle for child in divorce and separations, does it matter who files first in Court?
      lawyers recommend to be Applicant

      Will it give the mother (or the father) any advantage if she files first in court and becomes Applicant? Does it put the father into any disadvantage to be on the defendant position?
      It all depends. I personally would prefer to be Respondent - in that case after applicant put all BS in affidavit and I reply with prove that this is a lie kind of put applicant in bad position. From other point of view Applicant in control but it doe not mean Respondent can not bring motion.

      Will the judge/court treat the matter any differently?
      there is only differences that Applicant will go first. In trial applicant will present their case first. In motion they will go first - just make it easy for court instead of fight every time who goes first.

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      • #4
        Originally posted by WorkingDAD View Post
        lawyers recommend to be Applicant

        This is my experience also.

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