Tips For A Custody Hearing

Custody hearings are always emotionally charged, even when both parties are trying to do what's best for the child concerned. Obtaining legal counsel is very important in these matters, but there are a number of things that you can choose to do without a lawyer in preparation for a custody hearing. Below are a few tips about custody hearings.

Tip 1. Although the language may vary by state, a judge in a custody hearing is always most concerned about a child's best interest and welfare. For a court to change or revise custody, it must determine if a material change in the circumstances has occurred. In other words, the judge will review several factors that may indicate that a significant change has taken place which prevents the parent with primary custody from properly caring for their child.

Tip​ 2. Some of the factors that will be considered in a custody hearing include:

  • The physical and mental status of a parent as it pertains to caring for the child.
  • The overall atmosphere and condition of where the child lives.
  • A parent's financial ability to adequately provide for a child.
  • If there are other individuals in the child's life who could affect the child's welfare.
  • Allegations of abuse in the child's home, whether it's directed toward the child or someone else.

Tip 3. Whether your goal is to maintain or change the current custody arrangement, it's essential that you fully document your custody case. This means making a record of all positive conditions and factors that can help demonstrate that you can properly take care of your child. You want to make clear that it is in the child's best interest that you retain custody.

Tip 4. Also, you must be prepared to document the reasons why the opposing side should not gain or retain custody. This means documenting any negative conditions or factors. While you want to avoid mudslinging (as this can hurt your case) you should take the opportunity to bring to the court's attention any detrimental effects that your child could suffer if the other party is granted custody and not you.

Tip 5. Documenting your case means keeping track of important details and the dates they occurred. Drafting an affidavit which can support your case for custody is one option. Also, it's essential to substantiate your case by offering witness testimony that will confirm your side of the story.

Tip 6. Ensure that you and your witnesses are groomed and dressed appropriately for court. You don't necessarily have to come to court in a suit. However, it is a good idea to at least dress in the type of clothing that you would wear to a religious service or job interview. Don't wear jeans and a t-shirt or anything overtly provocative.

Tip  7. Don't go into court with plans to be dishonest. While your emotions may be running high, don't make allegations you can't substantiate or attempt to alter the facts in an attempt to win your case. Doing so will instead most likely damage your case.

For more information or help, try contacting divorce lawyers for more information and guidance.


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