What Happens At First 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!