Prepare for a Child Custody Hearing
It’s important to prepare and know what to expect at a custody hearing. Here’s what to bring to a child custody hearing in California.
A judge will consider factors when ordering child custody. A parent should bring a current custody schedule, a proposed custody schedule, legal witness testimonies, and any other documentation that proves their ability to parent, which may include emails, photos, videos, etc..
Record Your Current Custody and Visitation Schedule
Documenting and presenting your current custody and visitation schedule can increase your likelihood of being granted child custody. If your child spends the majority of their time with you, a judge will likely award you sole or primary custody. In court, a parent may try to falsely claim that they care for the child more than you do. Without evidence to back your claim, a judge may believe the other parent’s false statement. A record of your current custody and visitation schedule can prove to a judge that you uphold parental responsibilities and care for your child.
Legal Witness Testimonies
Legal testimonies can serve as ample evidence to prove to an attorney that you deserve custody of your child. Legal testimonies can be presented by written statement or by the witness’s physical appearance in court. However, there are two specific types of legal witness testimonies.
Expert witnesses, who are typically forensic psychologists or child custody evaluators, give their expert opinions about the situation at hand to the judge. Lay witnesses testify their personal knowledge about the situation at hand. They do not provide recommendations to the judge, but rather describe their experiences with the parties involved. A lay witness can be a relative, friend, coworker, teacher, tutor, etc..
Bring a Proposed Custody Schedule
A judge can more clearly understand what you believe is best for your children if you bring a proposed custody schedule to the child custody hearing. Detailed schedules that demonstrably protect your child’s best interests may sway a judge’s order in your favor. Speak with one of our child custody attorneys to properly draft a proposed custody schedule.
Anything Else That Proves Your Ability to Parent
Your ultimate goal in this child custody hearing should be proving your fitness and ability to parent. Any relevant evidence that proves this should be brought to court and formally presented to a judge. Evidence that proves your ability to parent may include
- Documents
- Pictures
- Videos
- Text messages
- Emails
- Police reports
- Court orders
Don’t assume that the judge will know the situation at hand. Make sure that any claim you make is backed by evidence. If you don’t, your child’s parent can use your unpreparedness against you in court.
Bring a Lawyer
To best protect your rights as a parent in a child custody hearing, bring a lawyer. An attorney with specialized experience in child custody matters can properly gather, organize, and present evidence in a child custody hearing. If you’re looking to protect your rights in a child custody hearing, contact Her Lawyer to get in touch with one of our experienced child custody attorneys.
Planning for a Default Child Custody Hearing
In a default hearing for child custody, one parent fails to reply to the other parent’s request for child custody. If a parent fails to reply, they lose their right to speak in the default child custody hearing. However, there are situations in which a default parent can speak in court.
FAQS About Child Custody Hearing in California
What should you expect at a child custody hearing in California?
At a California child custody hearing, parents and attorneys can expect to present their arguments and evidence in front of the judge, each trying to prove their ability to parent. Then, a judge decrees a custody order that they believe will best uphold the child’s best interests.
Can a child testify in a California child custody hearing?
In California, children over the age of 14 can testify at their own child custody hearing and state their custodial preference. If a child is under the age of 14, they will still be able to testify at the custody hearing unless a judge believes it is not in the child’s best interests to do so.
What happens in California if the custodial parent doesn’t show up for the child support hearing?
If a custodial parent does not appear at the child support hearing, the judge may order a default child custody order. The judge will hear the noncustodial parent’s argument and subsequently decree a custody order that they believe protects the child’s best interests.
What should you do if the other parent brings the child to the custody hearing?
If the child’s other parent brings the child to the custody hearing, the child will likely testify (if he or she is over the age of 14). Bring and present any and all evidence of your ability to parent.
How should you respond to questions during a child custody hearing?
At a child custody hearing, carefully listen to the attorney’s or judge’s questions, then calmly make a response. Do not say anything that jeopardizes your right to child custody, and remain composed and unflustered. Attorneys often look for the right reaction rather than response.
Can I bring notes to a child custody hearing?
Parents can absolutely bring notes to a child custody hearing in California. These notes can include planned ideas, issues, or concerns regarding the child custody matter.
Contact Us
If you’re wondering what to bring to a child custody hearing in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Your first consultation is free. We’re here to help 24/7.