What to Expect at a Child Custody Hearing
Who can file for custody of a child?
When it comes to filing for custody of a child, it’s important to understand that it’s not just limited to parents. While parents are typically the primary custodians, the legal system recognizes that family dynamics can be complicated and don’t always resemble the nuclear family. Custody disputes can arise during a divorce proceeding, between unmarried individuals, between parents and grandparents, step-parents, and other caregivers.
The court’s goal in making a decision in a child custody case is to ensure that the individuals who have the child’s best interests at heart are granted legal rights to make decisions on behalf of the child. Courts tend to favor granting child custody to individuals who are actively involved in the child’s daily life and who consistently meet the child’s needs. In California, courts favor custody arrangements that allow for frequent and continuing contact with both parents. However, once a custody determination is made, that is not the end of the story. Custody arrangements can be modified, and often are, based on changed circumstances, especially if one of the parents and/or other individuals residing with that parent poses a threat to the child’s physical or emotional well-being. The overarching focus in filing for custody is demonstrating to the court the ways you have and will always prioritize the child’s safety and well-being, including your efforts to co-parent effectively.
How long do child custody proceedings typically last?
Child custody proceedings can last anywhere from a few months to several years. The duration of the process can be influenced by various factors such as the number of children involved, the parents’ schedules, and their behavior before, during, and after the child custody proceedings. In some cases, reaching an agreement on the best child custody arrangement through mediation can expedite the process.
Given the emotional and psychological toll of the child custody proceedings on all parties involved, including the children, courts prioritize the stability and well-being of the child when making decisions about child custody arrangements. If you believe that it’s in your child’s best interest to secure a child custody order from the court, it’s advisable to seek the assistance of a qualified child custody attorney. Working with a knowledgeable child custody attorney can help ensure that the process is efficient and effective.
How does a party prepare for a child custody case?
In a child custody case, when parents or custodians are unable to come to an agreement on how to properly care for the child, the court relies on the evidence and information provided by the involved parties to make a decision. This decision aims to determine the most suitable structure and schedule that would promote the child’s welfare and overall well-being. Therefore, in preparation for the proceedings, you and your child custody attorney will gather pertinent information and evidence that clearly establishes why your preferred child custody arrangement is in the best interest of your child. Similarly, the opposing party will present its position. Typically, the parent who initiated the child custody petition will have the first opportunity to speak and present evidence, followed by the other parent.
The information and evidence gathered during a child custody proceeding usually cover various aspects of parental care and involvement in the child’s life. This may include evidence of the child’s academic, extracurricular, medical, and financial records. Furthermore, it is important to present a comprehensive and well-thought-out plan for the child’s future under the proposed child custody arrangement to the court. This plan should display your overall understanding of your child’s needs and include details about childcare arrangements, accommodations, and more. In exceptional circumstances, the parties or the court may enlist experts to conduct investigations and provide recommendations. These experts are typically qualified to provide insights on factors such as the parent’s mental health, the child’s psychological well-being, and how each party is meeting the child’s developmental needs, among other relevant considerations. Having an experienced child custody attorney on your side is significant in these cases. They will be able to share when an expert is needed and the best course of action to prepare for and respond to the expert.
Seek the Support of a Child Custody Attorney
If you find yourself in the middle of a child custody battle searching “child custody attorney near me”, consider partnering with the Law Office of Darshann M. Wienick. We specialize in high-conflict child custody disputes, and we will zealously advocate for the best interests of your child.
Tips for Parents
- Get a child custody attorney.
- Always attend the scheduled court appearances, and be timely.
- Dress like you’re going to a job interview.
- Arrange childcare for court dates, do not bring your child to court with you.
- Always assume that anything you put in writing will be seen by a judge.
- DO NOT LIE.
- The things said to the other parent, family, friends, your child, and especially opposing counsel ( the other parent’s lawyer) may come up in court, so choose your words wisely.
- Even when you are not in court, never bad mouth the other parent to the child or do anything to indicate you would strain the relationship between the child and the other parent.
- Be respectful to all involved parties.
- Always address the judge as your honor.
- Remain calm and professional
- Listen to your child custody attorney.
