(150+)If you are going through a divorce or have a child custody dispute, you know just how high the stakes are. The legal process is an important moment in which every decision can have a long-term impact on your life, and your child’s. It is critical that you prepare properly for a final child custody hearing and work with a child custody attorney who can provide the sound legal advice you need.
Understand the Process
To properly prepare for child custody hearings, you must understand the process. While no two cases are exactly alike, hearings generally involve the following:
- Opening statements: Child custody hearings begin when the attorney for each side makes their opening statements. During their statement, they will outline their client’s goals and what they hope to achieve during the final hearing.
- Presenting evidence: Both sides will present evidence that supports their arguments.
- Cross-examination: Once the evidence is presented, the lawyers will then cross-examine witnesses from the other side. Witnesses could include medical professionals, teachers, and others who have observed the child and their relationship with their parents.
- Closing arguments: Closing arguments are similar to opening statements. The attorneys for each side will summarize the important points of their case and state again why their client should be awarded child custody.
- Judge’s decision: After hearing all arguments, the judge will deliberate and make a decision. In some cases, this happens immediately while in others, it may happen at a later date.
Collect Important Documents
There are many important documents you need to collect when preparing for a child custody hearing. These include:
- Financial documents to prove that you are financially stable and able to support your child
- School records to show that your child’s education and environment is stable
- Medical records for your child showing that their health and wellness are prioritized
- Any agreed-upon parenting plan
- Evidence of the strong relationship between you and the child
- References from people who are close to you and can speak about your character and your ability to parent your child
Having the above documents prepared for your final hearing can help your credibility and provide strong evidence to support your arguments.
Prepare Your Testimony
Testifying in court is definitely overwhelming, but proper preparation can make it easier. The most important things to remember include:
- Be honest: Your credibility is very important in court. Always remain honest, do not exaggerate, and provide accurate information.
- Focus on the best interests of your child: The courts will only consider the best interests of your child when making child custody decisions. You too, should center your testimony around the best interests of your child. Speak about how the custody arrangement you are proposing will benefit their health, development, and overall happiness and well-being.
- Avoid negativity: Regardless of how you feel about your child’s other parent, do not speak badly about them in court.
- Be specific: Provide specific examples of your level of involvement in your child’s life. Speak about the activities, routines, and special moments that show the bond between you and your child.
- Do not become emotional: It is important to remain calm and keep your emotions in check in the courtroom. While these hearings are stressful, it is critical that you remain calm so you can articulate your testimony.
Anticipate Questions and Prepare Responses
It is important to prepare for the questions the other side’s attorney or the judge will ask you. For many people, this is the most intimidating and overwhelming part of the process. Thinking your answers through in advance can be a great help.
You will likely be asked questions about your parenting style, your daily routine with your child, and how you will handle any challenges that may arise in the future. Your attorney may have you participate in a mock trial or role-playing exercises that can help you develop a feel for the environment in the courtroom and allow you to practice delivering your responses in a calm and collected manner.
Understand Courtroom Etiquette
There is a very specific etiquette in the courtroom. Your behavior should always be professional and respectful. Speak politely and clearly, avoiding confrontational language and dramatic outbursts.
Always remain attentive and address the judge as “Your Honor” when they speak to you.
When choosing what to wear to court, opt for attire that is professional and conservative. Clothes that you would wear to a job interview are most appropriate. For men, a shirt with dress pants or a suit are appropriate options. Women can wear a dress, a suit, or a blouse with a skirt or dress pants.
It is important to appear tidy, neat, and respectful.
Make sure that you arrive at the court hearing early. Even if you cannot arrive early, it is critical that you are punctual and arrive on time.
This will ensure that you have the appropriate amount of time you need to confer with your lawyer, if necessary, and to get settled.
Arriving early can also show that you are committed to the process and are giving it the proper respect it deserves. If you arrive late, the judge may think you are not reliable and it can also disrupt the schedule of the court.
It is also important that you understand and respect the court process. This includes complying with the rules and procedures of the court, showing respect to everyone in the courtroom, and cooperating with court personnel. It is also critical that you show respect to everyone in the courtroom, including your child’s other parent and their attorney.
Call Our Child Custody Lawyer in South Carolina Today
Proper preparation is key when you are about to attend a final child custody hearing and our South Carolina child custody lawyer can help. From collecting the necessary documents to understanding proper courtroom etiquette, every step is very important. At Elliott Frazier, Attorney Angela Frazier is a mom who knows just how much is at stake during these proceedings, and she will help you properly prepare for them. Contact us to learn more about how we will fight for you and your rights.
