What Are Character Witnesses and Do You Need One for Your Father’s Rights Case?

According to data published by the Baltimore City Health Department, close to 60 percent of the children in the city live in single-parent households. Throughout Maryland, many children live with either their mother or father. If you’re a father who is dealing with child custody matters, you may wonder what the best path is for protecting your father’s rights and getting custody of your children.

While many, including the courts, believe that it’s often best for children to have relationships with both parents, this isn’t always possible. Even the courts recognize that it isn’t always safe or productive, particularly if one parent presents a danger to the children. There are cases when that parent may be the mother.

However, depending on your situation, you may need to make a case that the other parent is not fit. At the same time, you may need to make a case that you are. Character witnesses may be an option for addressing both of these needs.

What Is a Character Witness?

A character witness is someone who is called to testify about another person’s character. They may answer questions regarding someone’s personality, psychological or emotional state, financial responsibility, and maturity. Witnesses can also speak to specific incidents in a person’s life that might be relevant to the case if they have knowledge of those situations.

How Might a Character Witness Impact Your Custody Case?

You might call a character witness to support yourself—one who can speak positively about your own character and how you are a positive presence in the life of your child. In some cases, you might call a character witness to speak against the other party, such as someone who has seen specific incidents that demonstrate that the other parent is not fit to have full custody.

Consider discussing the option of calling character witnesses with your attorney. Your lawyer can help you understand whether calling such witnesses might be helpful to your case.

How to Choose Strong Character Witnesses as a Father Seeking Custody

Your lawyer can also help you vet potential character witnesses if you believe this is a good strategy for your case. Some steps to selecting strong character witnesses as a father seeking custody include:

  • Choosing people who interact with you and your children. Family members, close friends, or even teachers or others who spend considerable time with your children and you can speak more credibly on the topic of what might be best for your kids and the positive impact you can have.
  • Selecting someone you know is in your court but will not appear overly biased. A good character witness should support your case without appearing so biased that others would believe they might lie or misinterpret facts to protect your interests.
  • Prioritizing people who are likely to be credible. Character witnesses tend to contribute more positively to your case if they are reliable, stable individuals with good reputations.

Some Common Challenges Related to Using Character Witnesses

In a perfect world, the people in your life would be willing, ready, and able to stand as strong character witnesses for you. However, it’s not a perfect world, as evidenced by the fact that you’re in a custody battle to begin with. Some challenges you might face in using character witnesses during your custody case include:

  • The availability of witnesses. The witnesses you feel might provide the best support in your case may not be available when you need them. Some may decline to participate as they feel it puts them in the middle of the issue or they’re too nervous to speak in court.
  • Inconsistent witness statements. People don’t remember every detail of their lives flawlessly, and if you ask two different people about an event, they usually give slightly different versions. This could work against you if the opposing side uses variations in witness testimony to malign the credibility of your witnesses.
  • Cross-examination. The opposing side will likely have the opportunity to cross-examine your witnesses. The pressure involved in this process can cause witnesses to become nervous or react emotionally, creating a potential negative perception about the credibility of their statements.

Work With an Experienced Men’s Family Law Attorney

By working with an experienced family law attorney with success in father’s rights and custody cases, you can increase your chances of more positive outcomes with character witnesses. Some ways your legal team can help include:

  • Helping you create a strategy for your case. Your legal team will meet with you to understand the nature of your case and help you understand what the best course of action might be. That includes whether character witnesses might help or harm your case and how best to integrate them if you plan to call them.
  • Vetting potential character witnesses. It can be difficult to understand which character witnesses might best help you, especially if you are considering people you are close with. Your legal team can provide third-party insight and vetting processes to help ensure you choose strong character witnesses.
  • Preparing your witnesses. Your lawyer may provide witnesses with instructions or help to prepare for the stand without biasing them. This could include preparing them for the types of questions the opposition might ask.
  • Questioning witnesses in depositions or court. Your attorney will question witnesses in depositions or hearings, typically with the goal of ensuring the right information is put on the record to help strengthen your case.

If you’re a man seeking custody of his children, Paré & Associates can help. Call us at 301-962-2492.