A contested custody case adds strain to any divorce, and the hearing before a judge is a high-stakes affair. Although you might appeal if you are unhappy with the judge’s decision, the reality is that few appeals succeed. Instead, the custody arrangement created by the trial judge is usually the one that sticks. Call Remington & Dixon today to speak with our Charlotte child custody attorney about how to prepare for a child custody hearing.
Understand the Purpose of a Child Custody Hearing
Parents end up in a custody hearing because they disagree about custody. In many cases, each parent wants primary custody. For example, both parents might want the children to live with them during the school year.
In other cases, one parent believes the other should never see the children due to abuse or neglect.
Judges use the custody hearing to determine the best living arrangement for the children.
Each parent can present evidence on the critical factors that go into determining a child’s best interests, such as:
- Each parent’s relationship with the child,
- The child’s needs, including mental and physical health,
- The ability of each parent to meet the child’s needs,
- Any history of abuse or neglect.
Judges consider any relevant factor, so work with your attorney to determine how to make the strongest case.
Identify Key Witnesses
Each custody case is different, just as each family is unique. The important issues will depend on the facts of your case.
For example, your ex might be abusive. This is a critical factor to consider in custody hearings. Of course, you can make an allegation in your court papers that your ex abused you or the children, and you can go into as much detail as you wish. But that’s all it is: an allegation. The hearing is your chance to prove the abuse happened.
In other cases, the key issue might be your relationship with your child. You can offer your perspective on how involved you have been with the children up to that point, but a judge probably wants to hear other people back up your version of events.
Witnesses are critical. You should work with your attorney to identify strong witnesses who can testify on your behalf. These should be people who have credibility and a reputation for honesty.
Usually, your lawyer will begin reaching out to potential witnesses well in advance of the hearing.
Find Documentary Evidence
Your lawyer can also submit documents in support of your case at the child custody hearing:
- Medical records for you or your child
- Rank cards and other school records
- Police reports (regarding abuse or neglect)
Your family lawyer will need to create exhibits, so discuss relevant documents and get the original to your lawyer as soon as possible.
Prepare for Your Testimony
Both parents usually testify at a child custody hearing. There is some information that only you know, so you must get on the witness stand and answer questions under oath. The other side will also want to probe embarrassing or potentially awkward events from your past, such as extended unemployment, drug or alcohol use, and any allegations of domestic violence.
Here are some questions asked at a child custody hearing:
- “Are you currently employed?”
- “What is your employment schedule like?”
- “Do you own a home?”
- “Why do you believe you should be the primary caretaker?”
- “Do you communicate with the other parent? How often?”
- “Have you ever been arrested?”
- “Do you currently live with someone?”
You can prepare for these questions with your lawyer. Typically, questions are specific, and your answer does not need to be longer than a couple of sentences. Testimony can have a quick, back-and-forth character. You should remember the following tips:
- Think about the question before answering. You should only answer the question asked and avoid volunteering other information.
- Speak slowly and clearly. Don’t mumble or say things like “uh-huh.” Instead, use full words.
- Take a deep breath if you feel yourself getting angry or nervous. That should help you relax.
- Never snap back at the attorney, which only plays into their hands. Instead, pause before answering.
- Avoid humor or sarcasm. A judge might not know how to interpret your sense of humor.
Do Not Badmouth Your Ex
No matter how stressed you feel, you cannot say anything negative about the other parent in front of the children in the lead-up to the hearing.
Instead, work off stress in other helpful ways:
- Go for a brisk walk or jog. Physical exercise is a good way to work off anger.
- Eat healthy. Maintaining good general health is important for handling a stressful event like an upcoming custody fight.
- Get a good night’s sleep before the hearing.
Call Our Office Today to Speak with a Charlotte Child Custody Lawyer
Remington & Dixon, PLLC, has helped many parents prepare for child custody hearings. We can answer your questions and begin working right away upon hiring us. Contact us today to schedule a consultation!
