How Long Do Custody Cases Take?

Some custody cases can wrap up in just a few weeks, while more complicated cases can take years to resolve.

How Long Does A Custody Case Take?

There is no definitive answer for how long a custody battle/case will take. Some of these cases will wrap up in a few weeks, while others can drag on for years. Let’s take a look at custody case types and the factors that can impact your timeline.

Emergency Custody

Emergency custody cases can be resolved within 30 days. Without an emergency, though, custody battles can drag on for years. Local laws will ultimately decide how long the process of granting emergency custody will take.

Non-Emergency Custody

Once a non-emergency custody is filed by your lawyer as a Motion or Petition, a hearing will be set. This timeline could end up being similar to that of an emergency custody, or it could take up to six months.

What Happens At The First Custody Hearing?

It’s crucial to create a parenting plan prior to the first hearing. If you and your ex-spouse are unable to agree to a plan, then you can submit separate plans. The judge will enter a final parenting plan after deliberation or both submitted plans.

Parenting plans should outline a parenting schedule for each and every day of the year. It also needs to include how the child will spend vacations and holidays, transportation arrangements, and other points of contact.

Always dress professionally for a hearing. There’s no need to wear a suit but try to dress business-casual. Your attire is one way of letting the judge know you respect this process.

At the first hearing, both parents will be required to testify in front of the judge regarding their custody proposals. The judge may ask you specific questions to better his or her understanding of your case and to determine the best interests of the child.

It is very important to only answer the questions asked by the judge. It is against court etiquette to answer any of the judge’s questions with an unrelated matter.

Factors That Impact The Time A Custody Case Takes

Let’s take a look at some common factors that can cause the case length to increase or decrease.

Location

The location of the court will undoubtedly play a role in determining how long the case takes. Larger cities are densely populated, but the courts often process cases quicker due to more judge and staff availability. Smaller areas typically have fewer staff members, which means the cases will take more time.

Court Calendar

Oftentimes, court calendars are congested. You may have to wait weeks just for your custody papers to go through and another few weeks before attending a hearing. Following this, you may be required to attend mediation and other hearings.

Case Type

When divorce or separation cases involve matters beyond custody, the process will take longer. Divorcing spouses can typically expect to spend two to six months in court.

Parent Relationships

The more parents fight with each other, the longer the case will take overall. Parents who come to court willing to set aside any differences can end their cases much quicker.

State Limits

For example, Arizona courts do specify the parties have to wait at least 60 days after service before a settlement agreement can be submitted.

Judge’s Decision And Applicable Laws

The judge’s legal analysis will be used to decide custody based on the best interest of the child. Most of the judge’s questions will be framed around the legal factors that determine the child’s best interest.

Best interest custody factors include, but are not limited to the following:

• Child’s relationship with each parent.
• Relationship with siblings, if applicable.
• Each parent’s familiarity with the child’s needs.
• Stability of each parent.
• Parent’s capacity to provide affection and day-to-day care.
• Home environments.
• Mental and physical health of each parent.
• Work schedules.
• And more!