At a final custody hearing, also known as a trial on custody or final parenting time hearing, a family court judge will hear both sides of a custody dispute and issue a legally binding decision that determines the legal and physical custody of the child or children. Here’s what to expect:
🔷 Overview of a Final Custody Hearing
1. Preparation Before the Hearing
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Pretrial Statements: Each party may submit a pretrial statement summarizing their case, evidence, and requested custody arrangement.
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Discovery Completed: All relevant documents, witness lists, and expert reports (e.g., psychological evaluations) should be exchanged prior to trial.
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Attempts at Settlement: Courts typically require mediation or settlement conferences before a final trial.
2. The Hearing Process
✅ Opening Statements (optional)
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Each parent (or their attorney) may briefly state what they intend to prove.
✅ Presentation of Evidence
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Testimony from Both Parents: Each parent testifies about their relationship with the child, parenting history, and proposed custody plan.
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Cross-Examination: Each side has the chance to question the other’s witnesses.
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Witnesses: This may include:
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Teachers
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Doctors
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Child psychologists
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Family members
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Court-appointed experts (e.g., GAL – Guardian ad Litem)
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Documents & Records: School records, communication logs, medical records, etc.
✅ Expert Evaluations (if applicable)
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Reports or testimony from custody evaluators or mental health professionals.
✅ Child Interview (sometimes)
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In some cases, especially when children are older (e.g., 12+), a judge may interview the child privately in chambers.
✅ Closing Arguments
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Each party summarizes their case and urges the court to adopt their proposed plan.
🔷 What the Judge Considers
Judges always prioritize the best interests of the child, based on factors like:
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Each parent’s ability to provide stability, love, and care
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Past involvement in the child’s life
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Child’s physical and emotional needs
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Willingness to co-parent
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Any history of abuse, neglect, or substance use
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The child’s wishes (if appropriate)
🔷 Final Custody Decision
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Legal Custody: Who makes major decisions (school, healthcare, religion)
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Physical Custody: Where the child lives
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Parenting Time Schedule: Specific days/times, holidays, vacations
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Support Orders: Often child support is addressed if not already settled
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Modification Rules: How and when changes can be requested
🔷 After the Hearing
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A court order is issued—this becomes enforceable law.
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Parties must comply or risk contempt of court.
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Appeals may be possible but are limited to legal errors, not dissatisfaction with the outcome.
Preparing For A Child Custody Appeal
Preparing for a child custody appeal is a serious and highly technical process. Appeals are not a “retrial”—they are legal challenges to errors made in the original hearing. To be successful, you must prove that the trial court made a legal or procedural mistake that affected the outcome.
Here’s a detailed guide to help you prepare:
✅ Checklist for Preparing a Child Custody Appeal
🔹 1. Understand What an Appeal Is (and Is Not)
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Not a new trial – You can’t introduce new evidence or re-argue facts.
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Focus is on legal errors – You must identify how the judge made a mistake in applying the law or abused their discretion.
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Timelines are strict – You must act quickly, often within 30 days of the final custody order (check your state’s deadline—in Arizona, it’s typically 30 days).
🔹 2. Consult an Appellate Attorney
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Appeals require specialized legal knowledge. Look for a family law appellate attorney.
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They can assess whether you have a viable legal basis for appeal.
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They’ll also handle procedural steps like filing the Notice of Appeal, preparing the Record on Appeal, and drafting the Opening Brief.
🔹 3. Request and Review the Trial Record
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The record includes:
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Court transcripts
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All filed motions, evidence, and orders
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Audio/video of proceedings (if available)
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This is your evidence on appeal—you cannot add new items.
🔹 4. Identify Appealable Issues
Common appealable errors include:
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Judge ignored or misapplied state custody laws
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Denial of your right to call witnesses or present evidence
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Ruling was not supported by the evidence presented
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Improper bias or misconduct by the judge
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Incorrectly admitted or excluded evidence
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Denied due process
🔹 5. Draft and File the Opening Brief
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This is your primary document—it outlines:
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The facts of the case
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Legal standards
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Errors made by the trial court
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How those errors affected the outcome
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Must follow strict formatting, citation, and word count rules.
🔹 6. Expect a Response and Possibly Oral Argument
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The opposing party can file a response brief defending the original ruling.
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Some appeals courts allow oral arguments before a panel of judges, but not all.
🔹 7. Know the Possible Outcomes
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Affirmed: The custody ruling stands.
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Reversed: The ruling is overturned.
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Remanded: Sent back to the lower court for a new hearing or further proceedings.
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Modified: The appellate court makes specific changes to the order.
📌 Arizona-Specific Notes (if you’re appealing in AZ):
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File a Notice of Appeal with the Superior Court that issued the order.
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Arizona Court of Appeals handles family law appeals unless the Supreme Court intervenes.
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You may need to request transcripts from court reporters within 10 days of filing.
🛠️ Tips for Success
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Keep a paper trail of everything from the original trial.
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Stay focused on legal errors, not emotions or dissatisfaction with the outcome.
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Be prepared for a long process (often 6–12 months or more).
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Avoid violating the custody order during the appeal—it can hurt your case.
Child Custody Lawyers In Scottsdale, AZ
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The High Desert Family Law Group should be your first choice when you need the best child custody lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.