How to Prepare for a Child Custody Hearing
Sometimes, when couples with children separate, agreeing on parenting time can be difficult. After mediation fails, parents have to apply for a child custody hearing to settle parenting arrangements. The judge presiding over a child custody hearing makes the final decision on parenting arrangements between a couple that has split.
The risk in a child custody hearing is that the judge may decide on an arrangement that either parent or both find unfavorable. The best way to maximize your chances of a fair hearing is by preparing adequately for the hearing. Read on to find out some ways you can prepare for a child custody hearing.
Get Familiar With Your State's Child Custody Laws
You will need to know what you're up against before your court date. Therefore, research your state's child custody laws extensively to understand how to make the law work in your favor. The best way to do your research is to read law documents relating to your case.
Some things you may want to look up include:
- Relevant law terminology
- Paternity rights (for unmarried fathers)
- Parental rights and responsibilities
- Rules of evidence
- Different custody types
Having knowledge of the custody laws will make you feel more prepared and help you know which questions to ask your lawyer.
Find Evidence to Prove You're the Better Parent
If you're planning on filing for sole custody, your chances of winning lie in your ability to prove to the judge that you are the best parent to raise your child. Proving you're the better parent may be especially difficult in cases where the other parent was also involved in their child's life. So consult your lawyer on the best way to prove this.
The judge may consider a parent's availability, financial well-being, and criminal records when determining if they are fit for sole custody.
Gather Relevant Documentation
As you prepare for your day in court, gather any documents that may support your cause. You may consult your lawyer on which documents to bring to the hearing. Relevant documents in a child custody hearing include the following items.
Visitation Records
Visitation records should indicate the frequency and length of parental visits. You can use these to prove a close relationship with your child or show that the other parent had no meaningful relationship with the child.
Communication Records
These may include call logs and text message records.
Financial Records
These show the costs incurred in childcare after the divorce or separation, and they prove that you provided your children with financial support.
Your Child's Records
These records will show how your child is faring in your care. You may include their school reports, medical documents, and records of parent-teacher meetings.
Remember to document any important events that prove your commitment to meeting your parental responsibilities.
Learn About Courtroom Etiquette
Your behavior in court may determine whether the judge deems you fit for custody. Your lawyer will coach you on appropriate courtroom behavior in court to make a favorable impression on the judge.
Avoid using an accusatory tone when presenting your statement to prove you are emotionally fit to parent your children. Ensure you also dress appropriately to look like a responsible adult.
Prepare Your Testimony
Parents' testimonies play a huge role in determining the judge's final decision in a custody hearing. So ensure you give a convincing testimony in court. The other parent and their attorney may cross-examine you. Therefore, prepare appropriate answers for any questions they may ask. You may also want to prepare counter-questions to ask the other parent.
Custody hearings can be scary because they determine whether you get to be in your child's life as much as you'd like. With an experienced family law attorney by your side, you have better chances of winning custody. If you are in the midst of a custody battle, contact our family law attorneys at Kalasnik Law Office for legal representation in your case.