How to Prepare for a Child Custody Case

Going through a divorce can be challenging, but child custody disputes can make it even more emotional. As a parent, your primary concern is your children’s best interest, but you also want to maximize the time you spend with them. It is crucial to be prepared for a contested custody case.

There are several key things you can do to be better prepared for a child custody case. The first and most important step to take is to work with an experienced custody lawyer. A skilled attorney will help alleviate your concerns, provide you with clear expectations, and guide you on the best course of action. Choosing the right attorney can make a significant difference in both the outcome of your case and your preparedness.

We can put you in touch with a custody attorney in your area today.  

Essential Steps to Prepare for a Child Custody Case

To avoid any surprises, it is important to understand how the custody hearing process works. If you are unfamiliar with court procedures, consider consulting someone who has experience or prepare a list of questions to ask your attorney. 

It is also common for individuals to visit the courthouse a day or two before their hearing to become familiar with the surroundings. This can include finding a parking spot, locating the courtroom, and getting an overall feel for how the day should go.

Understand Your State’s, Child-Custody Laws

As custody laws differ across states, it’s essential to acquaint yourself with the laws applicable in the state where your custody hearing will take place. Although it may be tiresome, going through the legal details can assist you in comprehending the circumstances you’ll be facing before you attend the hearing.

Moreover, researching the current laws can aid in preparing a set of inquiries to discuss with your attorney as the court date nears.

Understand How Custody is Awarded

When determining child custody arrangements, the courts prioritize the best interests of the child. However, this leaves a significant amount of discretion to the judge. To gain custody, you must demonstrate your readiness and full capability to take care of the children while promoting their development effectively. This may require you to discuss any serious parenting issues relating to your spouse, such as neglect or drug abuse, that could affect the child’s well-being.

In many instances, judges prefer that the child maintains a relationship with both parents, whenever possible, as they consider it in the child’s best interests. Despite this, it may not always be in the child’s best interests, and you must be prepared to make reasonable compromises that enable both parents to remain actively involved.

To best prepare for your child-custody hearing, be sure to find out what courts in your state are looking for and consult with your lawyer about how to show yourself to be the best caregiver for your children.

Know How to Tell Your Story as a Parent

You should assume that the court has little knowledge about your parenting and take time to reflect on the details. Maintaining a journal to track various aspects is a helpful strategy, including:

• The average time spent with the children by you and the other parent
• The other parent’s absences (such as work schedules or being out of town)
• Negative incidents like arguments that could impact the children
• The activities you participate in with the children (e.g., church, sports)

Looking back over the past six months to one year will help you recall these critical details. It is also crucial to show the court that you are prepared to care for your children. Avoid assuming that the court representatives already know this about you. 

You can support your role in this area by demonstrating that you:

• Have a safe and secure home for the children
• Maintain a steady job
• Have considered schools and childcare if necessary
• Have thought about community ties that the children might have, such as friends and activities.

Get the Documents Ready

Collaborate with your attorney to identify the necessary documents to bring to your child custody hearing and determine the admissibility of your records. Your lawyer may advise you to bring a comprehensive phone log, a visitation schedule with annotations, proof of child support payments, and any other relevant notes.

When preparing for a child custody case, it is essential to have all relevant documents to present your case most effectively. Here are some of the documents you may need to prepare:

• Parenting Plan: A written document that outlines each parent’s rights and responsibilities, including the time the child will spend with each parent, decision-making authority, and how disputes will be resolved.
• Financial Documents: Proof of income, including pay stubs, tax returns, and bank statements, as well as evidence of expenses related to the child’s care, such as medical bills and school fees.
• Child Support Documents: Evidence of child support payments made or received, such as receipts or court orders.
• Communication Records: Detailed records of phone calls, emails, text messages, and other communication related to the child, which can demonstrate each parent’s level of involvement and commitment to the child’s well-being.
• School and Medical Records: Reports from the child’s school and medical providers that provide information about the child’s academic performance, health, and any special needs.
• Witness Statements: Statements from individuals who can speak to the parent’s relationship with the child, such as teachers, coaches, counselors, or family members.
• Police Reports or Restraining Orders: Any evidence of domestic violence or abuse can be crucial to a custody case.

It is essential to work closely with your attorney to determine what specific documents are necessary for your case and to ensure that all documentation is accurate and up-to-date.

Learn Courtroom Etiquette

Displaying inappropriate behavior in the courtroom may result in losing custody. Actions such as emotional outbursts or making inappropriate statements are strongly discouraged. It is advisable to speak with your lawyer to better understand what behavior is expected of you in the courtroom. 

Additionally, presenting yourself well is crucial. First impressions can significantly impact the judge’s perception of you. It is recommended to dress appropriately and conservatively, cover up tattoos and piercings, and avoid flashy handbags or jewelry. Looking clean and neat can go a long way in presenting yourself positively.

Familiarize Yourself With How the Custody Hearing Process Works

To avoid any surprises, it is important to understand how the custody hearing process works. If you are unfamiliar with court procedures, consider consulting someone who has experience or prepare a list of questions to ask your attorney. 

It is also common for individuals to visit the courthouse a day or two before their hearing to become familiar with the surroundings. This can include finding a parking spot, locating the courtroom, and getting an overall feel for how the day should go.

Hire a Custody Lawyer 

The most effective way to make sure you are prepared for a child custody case is to work with an experienced custody lawyer. A professional lawyer will give you detailed instructions on how to get ready for a custody hearing and will also help you manage expectations and be prepared for what is to come. 

Work With an Unbundled Lawyer to Prepare for a Child Custody Case

Child custody cases can be exorbitantly expensive, with lawyers charging high retainers that can exceed $5,000 and hourly rates ranging from $300 to $500. At Unbundled Legal Services, we partner with lawyers and small law firms who work with clients to create arrangements that fit their financial situations. These fees are generally between $500 and $1,500. 

With Unbundled, you can choose what you want your lawyer to handle and what you can manage on your own. For instance, you may not need help with filing the necessary forms and paperwork or the filing fees, which are typically around $150, depending on your state and local court rules, but require assistance with hearings and negotiations.

Our child custody lawyers can provide help with one or all aspects of your case, depending on your preferences as a client. Our goal is to help you achieve your legal objectives while saving you hundreds, if not thousands, of dollars. 

Discover how an Unbundled Lawyer can assist you in attaining your legal objectives and help you save money.