If you no longer live with the other parent of your child and the two of you cannot agree on a plan to share parenting time and responsibilities, you may need to appear in court for a hearing.At a child custody hearing, the judge will hear from both parents and determine the parenting plan that is in the child's best interest.Understanding the process and what you are expected to do can make the hearing easier to understand.There are general steps you can take to make sure you are prepared for your custody hearing, even in different states.
Step 1: The forms are to be filed.
Depending on whether you are responding to a petition filed by the other parent or filing for custody, you need to fill out some forms.You can file a petition if you want the court to give you custody.You have to file an answer to the petition if the other parent has already filed it.Depending on the jurisdiction, you can fill out a form to answer the petition from the other parent.You only have a limited period of time to file your response to the petition.If you don't meet the deadline, you will not be able to tell the court that you disagree with the other parent's plan.You may have to fill out a financial declaration if child support is an issue.If you need it, you can get it from the clerk's office.
Step 2: The forms should be served to the other parent.
You have to send the other parent copies of your forms once you've filed them with the court.You have to make sure that the other parent gets a copy of the document when you file it with the court.You can complete legal service by having someone over the age of 18 deliver the paperwork to the other parent.You can't do it on your own.A private process serving company or a sheriff's deputy can complete service for a small fee.
Step 3: The court may require proof of service.
To have a judge hear your case, you must be able to show that both parents gave proper notice of the hearing.Sometimes the sheriff's department or a private process server will file the proof of service for you.If you have to file the form yourself, make sure you ask if this is included.
Step 4: Listen to mediation.
A neutral, third-party mediation is required by some courts before you can schedule a hearing.Prepare for mediation the same way you would prepare for a court hearing.Although procedures and rules of evidence are less strict, you should still bring documents with you that support your case and come with several parenting plans to present as options.The basis of the court order will be formed if you and the other parent can come to an agreement during mediation.If you and the other parent can't come to an agreement, the court may ask the mediation service to give a recommendation.The judge's ruling can be influenced by these recommendations.
Step 5: Consider hiring an attorney.
An experienced family law attorney can help protect your rights and the best interests of your child if your custody case is particularly complex.If you can afford it, you should hire an attorney.Child custody proceedings can be traumatic.If you don't believe you can afford an attorney, you should still explore free or reduced-cost services such as your local legal aid office or any law school clinics.
Step 6: Determine your state's child custody law.
Knowing what factors the judge will consider is crucial to your case.Judges determine custody based on the best interests of the child.There is a lot of room for judicial discretion in this standard.It is important to make a good impression on the judge.The age of your child, medical or developmental issues, your work and how much time you have to spend with the child are some of the factors judges look at.A teenager may have more say in the parenting schedule than a younger child.You should be prepared for the court to ask for your child's input when deciding on the appropriate custody arrangement.
Step 7: Prepare your plan.
Before your hearing, you should review your schedule and your child's schedule to make alternative time-sharing arrangements.If your hearing includes a determination of child support, you will need to provide the court with documentation of your income, including recent pay stubs or tax returns.You can keep a daily log of events related to your own life and the life of your child.Make a note of what your child looks forward to and what they dread.You should include any instances of discipline and rewards for good behavior.You can see patterns you may not have noticed if you review the log.
Step 8: You should consider bringing witnesses.
If you have friends or colleagues who have observed your interactions with your child, you should consider asking them to testify for you.If you're representing yourself, you should ask your witnesses questions before the hearing.Since they will be subject to cross-examination, you can ask them questions you think the other parent might ask.Your child's guardian ad litem, any social services workers or counselors who have worked with your child, are some of the witnesses you might use.You might consider your child's teachers.If you are in a jurisdiction that requires you to file a list of your witnesses with the court, you must give a copy of that list to the other parent before your hearing.The court can issue a subpoena if you don't know if a witness will show up.If a witness needs a valid reason to miss work on the day of your hearing, subpoenas can be helpful.
Step 9: You need to organize your evidence.
Compile your information by topic in a binder or set of folders, and make sure you have multiple copies of everything you plan to present in court.At most, you will need to bring at least three copies of the documents, one for yourself, another for the other parent, and the judge.You could include photos, audio or video recordings as evidence.If the other parent left a threatening voicemail, you could use it as evidence that you should have custody of the child.Medical records, report cards, and correspondence with your child's teachers or counselors are some of the documentary evidence you might want to gather.Take notes as you speak to the judge.A set of index cards is an option.Go back to the list of factors judges look at when determining the best interests of the child and write one factor on the top of each index card.Write the points or facts you want to emphasize about that factor.
Step 10: You can go to the court and observe the hearings.
If you haven't seen a child custody hearing before, you should attend one or two in the same courtroom.You may have more than one hearing in some places.The first hearing is used to determine temporary custody until the final hearing can be scheduled.
Step 11: Arrive at the courthouse early
Make sure you have plenty of time to park, go through security, and get to your courtroom before your hearing starts.Although you don't have to wear a suit, you should dress conservatively.If you leave your cell phone or other electronic device at home, it will not make noise or disturb the court.The judge may be hearing several cases the same day, so you should sit quietly in the gallery until he calls your name.It's your turn to present your case if you listen to the other cases or review your own paperwork.
Step 12: You should present your case.
The parent who filed the petition for custody will be asked by the judge if they want to speak.Speak loudly and clearly so the judge can hear you.Don't make accusatory statements and stick to the facts.Keeping your focus on the best interests of your child is more important than attacking the other parent.
Step 13: The other parent should listen to them.
Don't interrupt or express disagreement when the other parent is speaking.You can ask witnesses questions after the other parent has finished.Listen to the other parent's questions and make note of anything you want to ask the witness.If you don't know what the answer will be, ask a different question.Don't argue with the other parent if you disagree with what he or she has said.When asked to speak, speak only to the judge or a witness.To prove to the judge that you are calm and reasonable is your goal.
Step 14: You can answer any questions.
The judge may have more questions to ask after both you and the other parent present their cases.If you want to stick to the facts, you should keep your answers clear and concise.Let the judge know if you don't understand a question.If you do not know the answer to a question, don't be afraid to say so.If you say something that turns out to be false, you'll look foolish because you don't know the answer.
Step 15: The judge's ruling can be received.
After hearing from both parties, the judge can make a decision from the bench or take some time to review the evidence.Don't protest or disagree with the judge's decision.You have the right to appeal if you don't like the judge's ruling.Make sure you understand what you need to do when you leave the courtroom.You may be asked to write the order by the judge.You need to get copies from the clerk after the order is signed.