Hire an experienced family law attorney – Your lawyer can help you better understand the process … In some jurisdictions, you may have more than one hearing. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. Prepare your parenting plan. In other states, you must file a petition with the court seeking a temporary custody hearing. Leave your cell phone or other electronic devices at home or silence them so they don't make noise and disturb the court. If you're representing yourself, practice with your witnesses before the hearing so you feel comfortable asking them questions. This article has been viewed 21,736 times. We use cookies to make wikiHow great. The judge may ask you to write the order, or expect the other side to do so. "It's very helpful, I like it. Keep your answers clear and concise, and stick to the facts rather than having an emotional outburst or insulting the other parent. Thanks to all authors for creating a page that has been read 21,736 times. Listen to the other parent's questions and the witness's answers, and make note of anything you want to question the witness further about. Before they hear your case or even know your child's name, they will form an opinion of you based on your appearance. Preparing Your Custody Case 1. Understanding the process and what is expected of you can help make the hearing less stressful. In addition to working closely with your child-custody lawyer, use the following tips to prepare for your custody hearing. Generally, if you can afford to hire an attorney you should go ahead and do so. You can't complete service yourself. How to Take a Child Custody or Visitation Case to Court. Take mediation seriously and prepare for mediation to the same extent you would prepare for a court hearing. This standard involves weighing many factors and has lots of room for judicial discretion. Misuse Alcohol or Drugs. Generally, judges determine custody based on the best interests of the child. ", http://www.washingtonlawhelp.org/resource/basic-tips-on-how-to-prepare-for-a-court-hear?ref=XTySM, http://www.courts.ca.gov/selfhelp-serving.htm, http://family-law.freeadvice.com/family-law/child_custody/child-custody-mediation-preparation.htm, http://heleneltaylor.com/preparing-for-a-child-custody-battle/, http://www.rurallawcenter.org/docs/How%20to%20Prepare%20for%20a%20Custody%20Case%20In%20New%20York.pdf, consider supporting our work with a contribution to wikiHow. Child custody laws vary from state to state, so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held. Usually formal, conservative clothing that sends the message "I'm a responsible adult.". Consult your state laws or a family law attorney. Stick to the facts and avoid emotional outbursts or accusatory statements. Make sure you ask if this is included, or if you have to file the form yourself. Generally, whenever you file any document with the court, you also must make sure that the other parent gets a copy of it. You also can brainstorm with them and ask them questions you think the other parent might ask, since they will be subject to cross-examination. Typically, you will need to bring at least three copies of all documents: one for yourself, one for the other parent, and one for the judge. Family law is complicated, and child custody proceedings can be emotionally traumatic. Jennifer Mueller is an in-house legal expert at wikiHow. 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 and see if you qualify. Emily is a fact checker, editor, and writer who has expertise in psychology, health and lifestyle content. Before your hearing, you should review your schedule and your child's schedule to create... 3. Be Consistent and Available. If you're not sure if a witness will show up to your hearing, you can have the court issue a subpoena. Likewise, if you don't know the answer to a question, don't be afraid to say that you don't know. Talk Negatively About Your Ex. Understanding what factors the judge will evaluate is crucial to knowing... 2. You will have the right to appeal the order, but it won't be decided by a jury.. wikiHow is where trusted research and expert knowledge come together. 6 Tips to Help Prepare for Your Child Custody Hearing Understand Your State's Child-Custody Laws. Some of the factors judges evaluate include the age of your child, medical or developmental issues, your work and how much time you have to spend with the child, what sort of relationship the child has with you and with the other parent, the child's connection to his or her community, and any cultural or religious background or concerns, as well as any history of abuse or criminal activity on the part of either parent. There are 29 references cited in this article, which can be found at the bottom of the page. For this reason, making a good impression on the judge is of the utmost importance. You only get one chance to make a good first impression on the judge. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. If at any time you don't understand a question, let the judge know. She received her JD from Indiana University Maurer School of Law in 2006. Although procedures and rules of evidence are more relaxed, you should bring documents with you that support your case and come with several parenting plans to present as options. Above all else, the easiest way to lose custody is to behave without the … Reschedule Your Time With the Kids. Research your state's child custody law. You complete legal service by having someone over the age of 18 hand-deliver the paperwork to the other parent. Although specifics vary among states – and even among different courts within one state – there are general steps you can take to make sure you are prepared for your custody hearing. While it is always best to be able to depose... Know your Standards for Admissibility. Your case will be presented in front of the judge, and he or she will likely make an immediate decision and issue a child-custody order. Witnesses you might use include any evaluator or guardian ad litem appointed for your child, and any social services workers or counselors who have worked with your child and will support your case. Essentially, the judge has to be convinced that one parent is better than the other, which can be difficult to prove.. This article has been viewed 21,736 times. How do I prepare for an evidentiary hearing for custody? You might also consider including photos, or audio or video recordings, as evidence. Remain polite, whatever the judge says, and refrain from openly disagreeing or protesting the judge's decision. Parents who hope to win child custody must behave appropriately in court or risk losing custody. Discuss proper courtroom etiquette with your lawyer to get a better understanding of what's expected, as well as any pitfalls—like emotional outbursts or accusatory statements—you need to avoid or be on the lookout for. Determining the Best Interests of the Child. The first hearing usually is shorter, and only determines temporary custody until the final hearing can be scheduled. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Finally, parents who hope to win custody should prepare to make a positive first impression. If you are asking the court for custody, you'll file a petition. Determining the Best Interests of the Child, How to Take a Child Custody or Visitation Case to Court. Depending on the jurisdiction, there may be a form you can fill out to answer the petition included in the papers you received from the other parent. Proper courtroom attire should never be overlooked. So talk to your lawyer about what to wear to ensure you present yourself in the very best light. Understand the Better-Parent Standard. Reading the fine print can be tedious, but it will help you to find out for yourself what you're up against before attending the hearing. Parents seeking to win custody should know what to expect in advance so that they can best be prepared and anticipate each step of the process. By using our site, you agree to our. Although you don't necessarily have to wear a suit, you should dress in clean, conservative clothing. Going to your first child-custody hearing can be scary, especially for parents who are unfamiliar with the process. 6 Tips to Help Prepare for Your Child Custody Hearing, Ⓒ 2020 About, Inc. (Dotdash) — All rights reserved, Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. This article was written by Jennifer Mueller, JD. If you and the other parent are unable to come to an agreement, the court may ask the mediator to provide a report or recommendation regarding the outcome of your custody dispute. If your hearing also includes a determination of child support, you'll need to fill out the court's child support worksheets and documentation of your income including recent pay stubs or copies of your tax returns. Before you leave the courtroom, make sure you understand what you need to do next. The better-parent standard comes into play when a parent requests sole custody. It is hard for them to grasp … Reading up on the latest laws can also help you prepare a list of questions to ask your lawyer as your court date approaches. Get expert tips to help your kids stay healthy and happy. One of the most important custody battle tips for mothers is "have courage." Last Updated: March 29, 2019 % of people told us that this article helped them. If possible, do some roleplaying with your lawyer in advance. Don't worry about looking foolish because you don't know the answer to something – you'll look worse if you say something that later turns out to be false. Include any instances of disciplinary action you needed to take, as well as rewards for good behavior. These recommendations typically carry a lot of weight, and can greatly influence the judge's ruling. The judge may be hearing several cases the same day as yours, so you should sit quietly in the gallery of the courtroom until the judge calls your name. She received her JD from Indiana University Maurer School of Law in 2006. The better-parent standard … Make note of things your child looks forward to as well as things your child dreads. Mothers in such situations sometimes come to our family law firm feeling distraught and disillusioned. Child-custody hearings tend to be less adversarial or combative than other types of court cases. Dress in business casual clothing, like you might for a job interview. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/5\/53\/Apply-for-Child-Support-Step-13.jpg\/v4-460px-Apply-for-Child-Support-Step-13.jpg","bigUrl":"\/images\/thumb\/5\/53\/Apply-for-Child-Support-Step-13.jpg\/aid6831749-v4-728px-Apply-for-Child-Support-Step-13.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"