Prepare for your child custody hearing for the best outcome
A child custody hearing is an emotionally charged proceeding even under the best of circumstances. While it's always best to obtain legal counsel, there are some things you can do to prepare on your own. Here's what to do to make this difficult process as easy as possible for both you and your child.
Instructions
1. While the specific language varies from state to state, the general standard for determining child custody is the best interest of the child. In order to revise or change custody, the court will determine if there has been a material change in circumstances. In short, the court will look at several factors to see if something significant has changed that prevents the custodial parent from adequately caring for the child.
2. The factors considered by the court include, but are not limited to:
the mental and physical ability of the parent to care for the child
the condition and atmosphere of the home
the financial ability of the parent to care for the child
whether there are any other individuals that have access to the child
any allegations of abuse in the home, whether or not it involves the child
3. Whether you are seeking to change or to maintain custody, it is imperative that you document your case. You need to make a record of any positive factors and conditions that will help show you can care for the child and that being in your custody is best for the child.
4. You should also be prepared to show the negative factors and conditions about the opposing party. While a child custody hearing is not an appropriate venue for mudslinging, it is your chance to make the court aware of any detrimental effect your child may suffer if he or she is not in your custody.
5. To document your case, you should keep track of dates and details of any important occurrences. You may want to take the opportunity to draft an affidavit in support of child custody (check the link below for more information on drafting an affidavit). In addition, you should be prepared to offer witnesses who can support your claims.
6. When you appear before the court, make sure that you and any witnesses on your behalf are dressed and groomed appropriately. While it's not necessary to wear a suit, you should wear something similar to what you would wear to a job interview or to a religious service. For women, avoid wearing anything overtly sexy. For men, avoid graphic t-shirts.
7. Above all, it is vital that you are completely honest in your dealings with the court. Do not make allegations that you cannot support and never try to mislead the court about the facts.
Tags: child custody, care child, custody hearing, your child, ability parent
