What Happens At a First and Second Custody Hearing

Child custody hearings can be quite intimidating so it’s important to prepare for this process. Let’s take a look at what you can expect at the first hearing and what you can do to ensure it goes smoothly.

How To Prepare For The First Child 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 hear. 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.

What Happens At The First Custody Hearing?

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.

How Long Does The Hearing Last?

These hearings do tend to be quite short, on average. The majority of hearings take less than two hours total. Of course, the length of the hearing will depend on how many issues there are in your specific case.

If you and your ex-spouse merely have some minor issues to hammer out, the hearing could be over in just 20 minutes. It’s possible that there are other people in the courtroom waiting for their hearings which can delay the start time of your hearing.

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!

Here’s what generally happens at a second custody hearing:

1. Review of Previous Orders and Agreements:

   • The court will review any temporary orders or agreements made during the first hearing to see if they are being followed and if they are working well for the child.

2. Presentation of New Evidence:

   • Both parties may present new evidence that has come to light since the first hearing. This can include updated financial records, changes in living situations, or any new incidents that may affect custody arrangements.

3. Witness Testimonies:

   • New witnesses or those who did not testify in the first hearing may be called to provide additional information or clarification. This can include family members, friends, teachers, or counselors who can speak to the child’s well-being and the suitability of each parent.

4. Reports from Custody Evaluators or Guardians ad Litem:

   • If a custody evaluator or guardian ad litem was appointed, they may present their findings and recommendations to the court based on their investigations and interactions with the child and parents.

5. Parental Behavior and Compliance Review:

   • The judge will review each parent’s behavior and compliance with the court’s orders since the first hearing. This includes attendance at mandated parenting classes, therapy sessions, or adherence to visitation schedules.

6. Discussion of Child’s Wishes:

   • If appropriate, the judge may consider the child’s preferences, especially if the child is of an age and maturity level where their opinion is deemed important. This is often done in a private session with the judge.

7. Settlement Negotiations:

   • The judge may encourage both parties to negotiate and settle disputes outside of court. Mediation might be suggested or required to help parents reach an amicable agreement.

8. Addressing New Issues:

   • Any new issues or concerns that have arisen since the first hearing will be addressed. This can include changes in a parent’s work schedule, relocation plans, or any incidents affecting the child’s safety and well-being.

9. Modification of Temporary Orders:

   • Based on the new information and evidence presented, the judge may modify temporary custody orders or create new ones to better serve the child’s needs.

10. Final Custody Decision:

    • In some cases, the judge may be prepared to make a final custody determination if sufficient information has been gathered and all relevant issues have been addressed.

11. Setting Future Hearing Dates:

    • If more information or time is needed, the judge may schedule additional hearings to continue monitoring the situation and gather more evidence.

Preparation for the Second Custody Hearing:

• Documentation: Bring all relevant documents, including financial records, medical records, school reports, and any evidence of compliance with court orders.
• Witnesses: Prepare any witnesses who can provide testimony in support of your case.
• Behavior: Demonstrate good behavior and compliance with previous court orders to show your commitment to the child’s best interests.
• Legal Counsel: Ensure you have legal representation to navigate the complexities of custody proceedings effectively.

Conclusion

The second custody hearing is a crucial step in the custody determination process, providing an opportunity for both parties to present additional evidence and for the court to reassess the child’s best interests. It can result in modified temporary orders, or if sufficient evidence is presented, a final custody decision.