HOW TO PREPARE FOR A CHILD CUSTODY HEARING
Child custody hearings are a crucial part of family law proceedings that determine the living arrangements and care responsibilities for children following a separation or divorce. The process aims to prioritize the best interests of the child while addressing the rights of both parents.
This will guide you through the essential steps, key considerations, and what to expect during a child custody hearing. Understanding this process is important for parents seeking clarity and fairness in the custody of their children.
CUSTODY:
Joint or Sole Custody
As you begin this process, consider custody of children you share with your partner. Are you able to make decisions with your partner regarding the care of the children and their educational and medical needs? Is the other parent even involved in the child’s life?
There are two types of custody, joint custody and sole custody. If a court awards you joint custody it means both parents have the right to make important decisions about the child’s life such as education, healthcare, and religious upbringings. If a court awards sole custody this means one parent makes all major decisions regarding the child’s upbringing without the input of the other parent.
Courts prefer joint custody unless the party seeking custody can show the other parent is unfit, unavailable, or incapable of being involved in the child’s life, or when there are safety concerns.
Factors Influencing Custody Determinations
There is not one single factor alone that a Court considers when deciding between joint custody or sole custody. There are several different factors and not every factor may be applicable.
The Courts consider the following:
1. Each parent’s mental and physical health
2. Parenting skill and involvement
3. Parent’s ability to provide for child
4. Child’s relationship with each parent
5. Child’s wishes
6. History of Domestic Violence
7. Stability and continuity, and finally geographical location
This is not an exhaustive list of factors as a Court can take other aspects of the parent’s lives into consideration.
It should be noted that while a judge may interview a child themselves, they can also appoint a guardian ad litem to represent the child’s interest or appoint a friend of the court to investigate and provide recommendations to the Court to help them determine what is in the child’s best interest.
GATHERING ESSENTIAL DOCUMENTS AND EVIDENCE :
Records
It will be extremely important to gather as much information as possible that relates to the specifics of the case you’re trying to put on. If you as a parent are arguing that your child has performed better in school while the child has stayed under your roof compared to when the child has stayed with the other parent, it is important to have the school records that support your theory.
The same would be true if you’re arguing that the other parent has failed to ensure the child has access to doctors when they’re sickly, or they’ve missed scheduled appointments. You need to provide your attorney with proof that doctor’s appointments were missed or cancelled so that your attorney can ensure the evidence is properly introduced into the record for consideration.
Financial Documents
The Court will want to know if you as a parent are financially capable of providing for your child. It is important to you have access to your paystubs and you know your expenses. Your attorney may ask you to provide information about your monthly expenses to help the Court understand your financial situation. This does not mean you won’t be able to see your child or won’t be involved with their lives if you make less money than the other parent, it just means that expenses related to the child will be divided between you and the other parent.
Evidence of Parental Involvement
Being involved in your child’s life and having proof is also something you want to ensure you have available. This can look like pictures of you and the child, videos, or communication logs from video calls or phone calls. The Court will want proof you’re involved with your child and how you’re involved with your child.
DEVELOP A STRONG CASE:
Create a Parenting Plan
Parenting plans are written agreements between parents that outline the details of child custody and how parental responsibilities for raising the child after separation or divorce. The parenting plan serves as a road map for both parents to help them ensure the child’s needs are met as well as clarify their roles and set expectations.
The parenting plan should include details on time-sharing schedules including a holiday time-sharing schedule and establishing methods and frequency for communicating about the child’s well-being. Many courts prefer parents to use App Close for discussing their child. The parenting plan should also address financial responsibilities, transportation and exchanges, health and medical care, and establish how to resolve disputes or modify the plan if the need arises.
Co-Parenting Strategies
Co-parenting refers to parents working together after separation or divorce to raise children in a way that prioritizes the child’s well-being and maintains a positive relationship between the parents.
– Establish communication that is clear and consistent. Use AppClose if recommended by your attorney or courts. It keeps records of all text conversations and calls made. This is to keep the parties accountable for their behavior toward the other.
– Set weekly check ins to discuss any issues or progress with your child and upcoming events and changes to scheduling.
– It is also important to set boundaries. Acknowledge each other’s role as a parent and be respectful. Encourage your child’s relationship with the other parent and avoid undermining their authority.
– Be flexible when life changes. Sometimes scheduling needs to change to accommodate situations. This does not mean being a push over and give all of your parenting time up but if something unavoidable happens, discuss the need to change the parenting schedule in a timely manner and get a solution that works.
Preparing for court:
Work With an Attorney
While a custody hearing can be managed by you alone, it might not be in your best interest to represent yourself. You should consult with an attorney. Upon hiring an attorney you believe is the right fit, discuss strategies for ensuring you’ve done everything you can do to prove your case. An attorney will also know what information is objectionable and can prevent unnecessary information from coming to light and being considered. This is also helpful considering that hearings can be lengthy once they begin.
Testimony
Consider the strong points of your case and prepare the most supporting information on those strong points. This does not mean do not consider how to handle the weaker points of your case, you should consider how to handle those especially if the opposing parent could take advantage of those weak points.
Practice answering potential questions. If you have hired an attorney, ask them to go over potential questions as part of prep so that you know what to expect when the real hearing begins.
Ensure that you are considering your child’s needs when preparing. A custody hearing is not the time to use a child as leverage against your ex-partner, instead it is to ensure this child is taken care of and not neglected.
COURTROOM ETIQUETTE:
Courtroom etiquette is important for ensuring that legal proceedings run smoothly and respectfully. Proper behavior in the courtroom helps maintain the dignity of the process, shows respect for the judge, and contributes to an orderly and fair hearing.
Dress Appropriately
Avoid wearing hats and sunglasses. Those are not allowed in a Courtroom unless required for religious reasons. Dress dressing too casually and wearing pants with holes or t-shirts that have inappropriate text or images. If you do not have access to formal attire, plan shirts, knee length skirts or dark pants will be fine. Do not wear shorts in the courtroom.
Arrive on Time
Arrive earlier than your scheduled appearance to find a seat and observe your surroundings. Arriving late will cause delays and could have a negative impact on your case.
Silence Cell Phones
Almost everyone nowadays has a cellular device and sometimes it is important to keep it with you. A courtroom is an inappropriate place to keep the ringer loud on your phone. It will disrupt proceedings, and the Judge will order a bailiff to take your phone until you leave the Courtroom. It is best to turn the volume down and keep the phone silenced. If you need to take a phone call, exit the courtroom and go into the hallway to take the phone call.
Addressing the Judge
Always address the Judge as “Your Honor.” Wait for the Judge to call on you before you speak. Do not argue or interrupt the Judge or even your own attorney. It is also important you remember to stand when speaking unless the Judge states otherwise.
Speak Clearly and Respectfully
It is very important to avoid slang and profanity in Court. You are expected to be respectful and calm in Court and speak so that everyone can hear you and understand you. Only answer the questions that are asked of you. It is okay if you need to ask for the question to be repeated or clarified.
CONCLUSION:
It is a lot of work to prepare adequately for the hearing and it is mentally taxing. Be sure you are prepared to go forward and that you have supporting evidence of your claims. Always consider asking the other parent if there is an opportunity to agree on custody and time-sharing before jumping into a custody battle. A Judge may not agree with your assessment or theory, and it could backfire.
Written by: Cassandra Combs
Cassandra Combs is a dedicated attorney with a diverse background, licensed in Kentucky and Minnesota. With degrees in Political Science, Criminal Justice, and Law, she brings a wealth of experience and compassion to her practice. Cassandra has worked extensively in domestic violence advocacy, legal aid, and family law, including divorce, custody, and protective orders. Passionate about justice and community, she continues to make a meaningful impact both in the courtroom and beyond.
Learn more about Cassandra here.
Request A Consultation
Submitting your information does not create an attorney-client relationship.
DISCLAIMER
THE INFORMATION PROVIDED IN THIS POST IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. LAWS AND REGULATIONS VARY BY STATE, COUNTY, AND SPECIFIC CIRCUMSTANCES OF YOUR MATTER, AND THE INFORMATION PRESENTED HERE MAY NOT APPLY TO YOUR PARTICULAR SITUATION. ALWAYS CONSULT WITH A QUALIFIED FAMILY LAW ATTORNEY TO OBTAIN ADVICE TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. REVIEWING THIS BLOG POST DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR, PUBLISHER, BARROW BROWN CARRINGTON, PLLC OR ITS ATTORNEYS. THE AUTHOR AND PUBLISHER ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON THE INFORMATION PROVIDED IN THIS BLOG POST.
IF YOU HAVE LEGAL QUESTIONS PLEASE CONTACT OUR OFFICES DIRECTLY FOR A CONSULTATION IN COLORADO, FLORIDA, INDIANA, KENTUCKY, OR OHIO.
