Child Custody – Getting Organized for Your First Filing and Custody Hearing, What to Expect

Child custody cases are always nerve rackingproved wrong, you will suffer the consequences for
because there is so much at stake for you and yourthe life of the process. That process could last for
child. If you’re new to filings and hearings thoughmany years if you are involved in a high conflict child
it can be put you even more on edge. This is a newcustody battle.
world that you have no experience in so how will youOnce you list the items that you are asking for and
know if you are making the right decisions?why they are in the best interest of the child in your
The first thing you want to do is understand that thefiling, you will want to make a sheet for yourself that
family court child custody system is a civil court not ahas bullet points of every issue documented in your
criminal court. You will want to educate yourselffiling. While the filing is complete and you will want
about your local jurisdictions procedures, protocolsyour copy in court, it will not have the bullet points of
and rules. You will want to pay close attention to theeach item. Judges frequently lose track of what has
steps involved in the custody process. Know whatbeen covered. It is your job in court to make sure
each step is for and how it fits in the big picture.that each item you filed about was covered in the
Of course you are asking “why do I want tohearing. If not, you will not get a ruling and will need
know the whole process for my first meeting?”.to file an additional motion to cover the missed
You want to know as much as you can because youpoints.
want to be successful at your first hearing and setBe certain that your filing is clear about each item and
yourself up for success for the rest of the childdoes not ramble. The reason is that judges will read
custody process. The more successful you are earlyyour filing before the hearing and be familiar with it.
on, the more likely you will get the results you wantYou will get about 15 minutes with the judge for
and end your case early in the process.both sides to present their case and for the judge to
The first hearing is where you are going to lay outask questions and rule. You may likely leave with at
your child custody case including exactly why youtemporary order. That order may become the basis
want to make the changes you want and why theyfor your final child custody order.
are in the “best interests of the child”. YouTo summarize, you need to lay out your filing clearly
do not want to include any drama about the otherbecause it may be the basis for a permanent order,
parent as the drama between the parents is nomake bullet points to yourself and be prepared to do
relevant to the case unless it directly affects thethe whole thing in your 5 minutes in court.
child. If you make that claim and then are later