Going to court usually isn’t anyone’s idea of a good time. The whole experience is often stressful and possibly even a little frightening. You’re allowing a stranger, in this instance a judge, to decide where your child will primarily live.
While you may want to avoid thinking about your upcoming child custody court appearance, this isn’t the best idea. Instead, you can take some essential steps before appearing in child custody court. These steps can help the process go more smoothly for everyone involved.
Review Your State’s Child Custody Laws
Before heading to your child custody court appearance, it’s a good idea to go over your state’s laws. State child custody laws often vary and you can’t pick and choose the ones you like. So, if California has child custody laws that work great for your case but you live in Texas, you must follow the Lone Star state’s legal guidelines.
So, what do you want to brush up on? You should have a good understanding of some legal terms and the various types of child custody arrangements. It also doesn’t hurt to know your custodial rights. Unless these rights have been terminated by a family court judge, all parents have a say in their child’s life.
You should also go over the rules of evidence and this can be confusing. This is also when you should probably plan on meeting with a child custody attorney.
Have a Parenting Plan
Preparing for child custody court means having a parenting plan. This way you can show the court what you believe is best for your child.
Your plan basically outlines your child’s schedule. The plan shows which parent has the child on specific days. Don’t forget to cover holiday and vacation arrangements in your parenting plan. This can eliminate any conflict when it comes to figuring out who has the child on which holidays.
Since you’re probably new to creating a parenting schedule, your attorney and/or divorce mediator can help you navigate the process.
Your Behavior Matters
At home, you get to set the rules. This includes how others behave. In court, it’s different. What the sitting judge says always goes. This is one of those times when there aren’t any exceptions. The judge’s word is the law in the courtroom.
A certain kind of behavior is always expected in child custody court. Getting outline of line can result in fines, potential jail time, and even an unfavorable resolution of your child custody case. A judge may decide your behavior is a negative influence on your child. Some behavior tips for family court appearances include:
- Don’t talk out of turn. If the judge, an attorney, or your former spouse is speaking, sit back, be quiet, and listen. Eventually, it’ll be your turn to speak.
- Always speak clearly. This isn’t the time to mumble or run sentences together. Speak slowly and clearly to ensure everyone understands what you’re trying to get across.
- Answer all questions directly and honestly. Never lie in court, especially if you’re under oath. If you tell a fib, even a small one, you can end up facing perjury charges.
How you dress for court also matters. This isn’t the time to show up in your favorite pair of sweats. A good tip is to dress ‘business-casual’. You want to look respectable and professional but there’s nothing wrong with also being comfortable. Moms can leave their high heels at home and guys can skip wearing a tie with their dress shirt. You get the overall idea.
Keep Your Evidence Organized
If organization isn’t your strong suit, now’s the time to start practicing. When the judge requests a piece of evidence, you should be able to produce it in seconds. You don’t want the court to wait while you dig through a stack of documents.
Try making folders for each type of evidence. For example, a medical folder, one that contains your parenting plan, etc. This way, you’re ready to produce any evidence as soon as it’s requested.
Partner with a Family Law Attorney
You and your former spouse may have a workable verbal custody agreement, but it’s still a good idea to partner with an experienced family law attorney. From helping you organize your evidence to working out a parenting plan, your lawyer can help you cover the basics.
Best of all, your attorney can walk you through the legal process. This way, you have a better idea of what to expect when it’s time to appear in child custody court.
