How to Prepare for a Custody Hearing

A custody hearing is a legal proceeding that determines who will have legal or physical custody of a child. It is typically held in family court and can be initiated because of divorce, separation, or a child custody arrangement dispute between unmarried parents.

During the hearing, both parents present evidence and testimony to support their position for custody. The judge will consider factors such as the child's age, living situation, and relationship with each parent when making their decision about a custody agreement.

Both parents will be present at the hearing. Their respective lawyers may also be present.

It is often possible for divorced parents to have joint legal custody and joint physical custody of their children.

How to prepare for a custody hearing

It’s important for each parent to gather evidence and witnesses that support their case. Preparing for a child custody hearing can feel overwhelming. However, when you break the process down into digestible steps, it becomes a much simpler process – even if you still feel nervous and anxious.

Understand child custody laws in your state

Research and familiarize yourself with the child custody laws specific to your state. This can include understanding the different custody types (physical and legal) and what factors a court will consider in making a custody determination.

One way to get accurate information is to speak with an attorney who is familiar with the child custody laws in your state. An experienced attorney can provide you with guidance on how to best present your case and what to expect at the hearing. Notably, this can be a costly option.

Does a child’s preference for whom they live with carry any weight in court? Find out here.

Gather evidence supporting your case

When preparing for a custody hearing, gathering evidence to support your case is crucial. The evidence you present should demonstrate that you are the best parent to have legal or physical custody of the child.

Many types of evidence may be useful in a custody hearing. Some examples include:

  • School records: These may include report cards, attendance records, and teacher evaluations, which can demonstrate your involvement and commitment to your child's upbringing and education.
  • Medical records: These can show that you are proactive in monitoring your child's medical care and competent at making important decisions for your child. You attend doctor's appointments and follow recommended treatments.
  • Financial records: These can show that you are an adequate caregiver who provides for your child's basic needs, such as food, clothing, and housing.
  • Witness statements: These can help demonstrate that you are a responsible and caring parent of sound mental health by providing third-party observations of your involvement in your child's life.

When gathering evidence, start early and be thorough. Collect all relevant documentation, and organize it in a clear and concise manner. Creating a timeline of events may also be helpful.

When presenting evidence, it’s important to be strategic and efficient. Only present evidence that directly supports your argument. Avoid going off-topic. Be prepared to answer questions and provide additional explanation or context as needed.

Read: Does Sole Custody Terminate Parental Rights?

Enlist the help of others

Witnesses can be particularly valuable in a custody case. They can provide important testimony to the court about your relationship with your child and your ability to provide a safe and stable environment for them. Examples of potential witnesses may include family members, teachers, medical professionals, coaches, and mentors.

An attorney who specializes in family law can also be an asset in preparing for a custody hearing. They can provide you with seasoned guidance on what to expect during the hearing, how to present your case effectively, and how to respond to questions from the judge. An attorney can also help you navigate the complicated legal system and protect your rights as a parent.

When selecting an attorney, choose someone who is experienced in child custody cases and who understands the laws in your state. They should provide clear communication, be responsive to your needs, and work diligently to achieve the best possible outcome for you and your child.

Learn more about the different types of child custody in our article, How Is Child Custody Determined?

Getting in the right mental space

The hearing may be emotional and stressful, as both parents are fighting for what they believe is in the best interest of the child. Therefore, it is also important to remain calm and respectful throughout the hearing, even if you’re feeling anything but calm or respectful toward your former spouse. Any negative behavior could negatively impact the judge's decision, and of course, you want the best outcome for your child.

The judge’s ruling

After the hearing, the judge will make a ruling on a custody order. Follow the court's orders, and cooperate with the other parent to provide the best possible environment for the child. If either parent is unhappy with the ruling, they may be able to appeal the decision.

Hello Divorce offers cost-effective solutions for divorcing couples. Mediation may be an option for couples who disagree on child custody issues. Ultimately, a court would prefer the two of you to work out your differences, including custody, and will only step in when you can't come to a resolution. Using mediation, you may be able to reach a suitable outcome and avoid going to court. We can help you find the right mediator for your needs. 

Suggested: Common Parenting Time Schedules: Which One Is Right for You?

Divorce Content Specialist & Lawyer
Divorce Strategy, Divorce Process, Legal Insights

Bryan is a non-practicing lawyer, HR consultant, and legal content writer. With nearly 20 years of experience in the legal field, he has a deep understanding of family and employment laws. His goal is to provide readers with clear and accessible information about the law, and to help people succeed by providing them with the knowledge and tools they need to navigate the legal landscape. Bryan lives in Orlando, Florida.