It goes without saying that a child custody battle is an emotional and volatile period. Therefore, understanding what the child custody hearing process looks like can help to reduce the stress and emotions that accompany these kinds of cases.
The best way to reach a resolution is to try your best to agree with your co-parent on a parenting plan. If you must bring your case to court, a judge will be the one to decide on a custody arrangement. While most judges do their best to look at the facts when making custody decisions, they do not know you or your child personally. As the people who know your child best, you and your co-parent are in the best position to design a plan that truly reflects your child’s needs and well-being.
Being prepared and understanding the child custody hearing process can help ensure smooth proceeding. Additionally, providing the judge with any information that allows them to better understand the nuances of your family dynamic can lead to a custody arrangement that is created in the best interest of your child.
Taking Control Through Early Resolution
There are often interim court hearings before trial as the parents and their attorneys try to settle any disputes over evidence and other issues the parents may have in relation to their case.
It is advised that parents do their best and settle their custody disputes before going to trial; this way, they have more control over the outcome of their case.
Before You Proceed to Trial
The proceedings of a child custody hearing will depend on several factors including but not limited to: state laws, court procedures, and any existing parenting plans or custody agreements.
If you submit a complete custody agreement and all required documents before your trial date, the judge may sign off on the custody order and move your case directly to the final hearing.
If you have not yet come to an agreement before your trial date, the judge may order mediation, where a neutral third party can help you and your co-parent work through the disagreements of your case. If you still do not come to an agreement, your case will proceed to trial.
What Happens After the Final Hearing
Depending on the case, the judge may issue a custody order either at the conclusion of your final hearing or potentially thereafter. Until you receive the final custody order, you are required to follow any temporary orders that might have been appointed to you.
If you disagree or are unhappy with the conclusion of your custody case, you have limited time to issue an appeal. If you wish to appeal against a custody order, you must identify valid grounds for contesting the order. Legal errors, procedural errors, judicial biases, or lack of sufficient evidence can all constitute grounds for appeal.
A Lawyer’s Role in Custody Trials
For most parents, if not all, it is unwise to represent yourself in a child custody case. With emotions high, it can be easy to lose sight of what your child needs by the time you reach a final verdict.
Experienced attorneys, like our attorneys at Giro & Associates LLC, know the local rules of evidence, applicable laws and past court rulings that can give you and your child the best possible outcome in your child custody case. For help with preparing, presenting, and strengthening your child custody case, call our River Edge, New Jersey Law Office at 201-502-7834, or send us a message with a brief description of your situation, and we will get back to you right away.