Silent Witness by Michael Norman Page B

Jim Reilly, the family practice lawyer who had agreed to advise me on my pending child custody battle. Reilly had agreed to meet us between court appearances for lunch at Lamb’s Café in downtown Salt Lake City. Lamb’s was believed to be the oldest operating restaurant in Utah. It served consistently good food without having to take out a second mortgage on your home.
    Reilly was a rotund, late thirties guy, sporting a mostly bald dome with a very bad comb-over. He wore a pair of khaki pants, a corduroy sport coat over a blue dress shirt with a red striped tie—professional looking but not expensive.
    I thanked him for agreeing to meet us, and I offered to pay him his hourly rate.
    â€œNot necessary,” he said. “I’m happy to do it. But I’ll tell you what. You can buy my lunch, how’s that?”
    â€œYou’re a cheap date,” I said.
    He laughed. “You don’t know the half of it. Here’s what I think you should expect. And please understand that procedurally, things can vary from state to state. First thing I would advise is to retain a reputable family practice attorney in Atlanta.”
    â€œI think we got a handle on that one,” said Kate.
    â€œGood. Next, you’ll need to be prepared for a court-ordered evaluation of your home and that of your ex-wife. I can assure you that the judge will insist on that. It goes directly to the issue the court is going to be most concerned about, and that is, which family can best provide for the needs of your daughter.”
    â€œTell me how this home evaluation works,” I said. “Does the judge assign a social worker to visit both homes?”
    â€œThe court can order its own evaluation, but that’s not typically how it works. What usually happens is that each side hires its own person to conduct the evaluation unless the two sides can agree on a single individual.”
    â€œI would think that a judge would prefer a single person to do the home studies,” said Kate.
    â€œYou’re right about that. Courts generally prefer one qualified therapist to evaluate both homes. In this case, it’s probably best to follow the advice of your Atlanta lawyer. If we had jurisdiction here, I’m reasonably confident that I’d be able to find one person to evaluate both homes. But often it depends upon factors such as the level of acrimony between the parents, who the lawyers are, those sorts of things.”
    â€œWhat about jurisdiction?” I asked. “Is there any chance we could get the case transferred to Utah?”
    â€œNone. Jurisdiction is determined by where the divorce occurred. Kate told me that your ex filed in Georgia, so that’s where the jurisdiction remains—nothing you can do about that.”
    â€œAny land mines I need to be watching for, Jim?”
    â€œThere’s one, and it’s important. In child custody cases, a sure fire way of alienating the judge is for either parent to get caught trying to pressure or manipulate the child into saying that he wants to live with one parent over the other. Remember, we’re not talking about a jury decision here. The judge makes the call, and if the judge is pissed at you, you might end up with an outcome you don’t like.”
    â€œThat’s a sobering thought,” I said.
    â€œIt is. Even if you discover that your ex is engaged in that kind behavior, don’t you do it. Just make sure the judge hears about what she’s doing. It won’t help her case, I can assure you of that.
    â€œWell, I’m due in court in exactly fifteen minutes.” He stood and extended his hand. “Nice meeting you, Sam. If you think of any other questions, and you probably will, don’t hesitate to call.” As he walked past Kate, Reilly leaned down and gave her a smile and a peck on the cheek.
    I resisted the growing sense of panic I felt deep in the pit of my stomach. I wanted Reilly to reassure