What to Expect Family Court Custody Hearing
The judge presiding over your case must learn more about both parents in order to reach a custody agreement that is in your child`s best interests. The judge will get the information he needs for this decision by asking both parents a series of questions. Here are some of the questions you will likely need to answer during this hearing: If you disagree with the decision, you can appeal. You can only appeal final divorce decrees. (There is very little you can do about interim custody orders without showing that the child is in imminent danger.) When parents decide to divorce, it is common for both to believe that they should have primary custody of the child. If they cannot agree, the court may be asked to intervene and decide on their behalf. The judge makes a decision based on what is in the best interests of the child. However, if they step in, they can enforce a legally binding parenting plan that may be different from what you wanted. To avoid this, it is best to agree on a parenting plan with the help of a lawyer, which can then be submitted to the court for approval.
Of course, this is not always possible, and if there have been cases of abuse or other behaviours that could negatively impact your child`s well-being, you may have no choice but to pursue a hearing. The court may also consider the emotional bond between the child and both parents, as well as the willingness and ability of each parent to maintain a good relationship between the other parent and the child. The court will consider this evidence to determine the best interests of the child. Present your evidence to show that the change of custody meets the legal requirement of the “best interests of the child”. Review the questions the court uses to decide what is in your child`s best interests. Hearings and trials are hearings in which parents present information to a judge who makes decisions about the case. They usually lead to court orders, which may involve major issues (such as custody, parental leave or child support) or minor orders (such as a mental health assessment or mediation). If you and the other parent disagree, you will need to provide evidence that the child is better off in your care. These can be documents showing the “change of circumstances” or witnesses like: The way you dress is important. While you may not agree that someone needs to dress a certain way to be taken seriously, in this situation, it`s important that you make a good first impression. Dressing shows respect for the court and the judge.
You want the people who make the decisions to like you, even if it has no legal impact. Here are some tips: When you go to court for a custody hearing, you need to be as prepared as possible. This means knowing your arguments and having the evidence at your fingertips. Here are five important tips to get you started: The hearings you have depend on your case, your court, and whether or not you are divorcing the other parent. Note that procedures vary. Battles for custody tend to become heated and controversial. Emotions run high, parents often shoot each other in the mud and it`s usually a heartbreaking experience. It all makes sense: we love our children and want them to be a part of our lives. What do you need to know about custody hearings? If the parents cannot agree to change their orders, the court will decide at a hearing on the next available date.
A parent who wants more information about what to expect at a custody hearing should speak to their lawyer or attend a public custody hearing to prepare for the custody case. The best thing parents can do is prepare in advance. By preparing, a parent is in the best position to win their custody case. A judge will look at a parent`s financial situation and resources, as a court must ensure that a parent is able to meet a child`s vital financial needs, such as food and housing. In addition, child support may be determined at the same hearing, or a child support hearing may be based on information used at the custody hearing. Once a judge`s decision is made, it will also be a question of whether sole or joint custody will be granted. It also indicates who will be the main custodian and a schedule of visits. The judge will consider many factors, but will always make a custody agreement based on what is in the best interests of the child. Depending on the reason for your hearing, you may also be able to present the judge with a proposed parenting plan and schedule so that they understand what you think is best for your children. Bring enough copies for yourself, the other parent and the judge. During a custody hearing, most judges prefer to award custody to both parents because the court assumes that spending time with both parents is in the best interests of the child.
In order to give both parents custody of the child, a judge will likely ask questions about the parents` level of communication with each other. The judge relies on the testimony of people such as family members, neighbours, a child protection representative, a child psychologist or other witnesses who can testify on the topics discussed. The Custody X Change app allows you to create and manage all of these items in one place. It helps you prepare for any hearing that comes your way. The overriding question that overshadows all else is what is in the best interests of the child. Preparation is key. If you have hired a custody lawyer, he or she should be able to help you prepare. Still, it`s good to know what you`re getting into before you enter a courtroom. If you have filed an uncontested case, this hearing is optional in most counties.
It is necessary if your case was originally disputed. As with most family law matters, custody hearings often become complicated. You may want to consider hiring a lawyer. Having an experienced professional in your corner helps your cause tremendously. The courts hold application hearings throughout the week, on certain days. When you make a motion, your hearing is set for the next available day of motion — usually weeks or months. If there are urgent issues, ask the clerk if you would like to request an expedited hearing. The judge can assign roles, such as who has primary physical custody, and allow parents and their lawyers to schedule visits. If you disagree with the decision, you can appeal. You can only appeal final divorce decisions and not interim injunctions, unless the child is in imminent danger.
