Tips for a Successful Child Custody Hearing | Allan Brandon Tise PLLC, Attorney at Law

March 5, 2021

Stylized illustration: parents pulling on child, gavel above, representing child custody.

You should expect a child custody hearing if you do not agree on a child custody plan with the other parent. A child custody hearing can be intimidating, especially if you do not prepare thoroughly for it. Here are some tips to help you prepare.

Gather Physical Evidence

The child custody hearing will need various forms of evidence, including physical evidence. For example,

you may need things like:

Photographs of your children and you spending time together
Photographs of your children's bedrooms
Photographs of events or vacations you have enjoyed with your children
Awards that show your children's accomplishments, grades and attendance
Your children's school progress reports, grades and attendance

You can use the evidence to prove the strength of your relationship with the children as well as your children's attachment to their school or current city of residence.

Gather all the pieces of evidence and make multiple copies of documents to furnish the parties, the judge and the other attorney.

Consult With Witnesses

You will need relevant testimony to strengthen your case, in addition to physical even evidence. You may need two types of witnesses.

1. Expert Witnesses

Expert witnesses will use their professional skills and experiences to help the judge determine the children's best interests and match them to the available circumstances. For example, you may need a child psychologist to confirm that relocation will not harm your children's interests or speak to any mental health issue a child may be dealing with.

2. Lay Witnesses

Lay witnesses testify about facts or things they have seen or heard. Lay witnesses can testify about your hobbies, home, and work schedule and bond with your child. For example, a schoolteacher can testify about your involvement in your children's educational activities.

Talk with your witnesses to confirm the date and time for the hearing. The witnesses should also confirm their availability for the hearing. You may need to issue a subpoena for them.

Prepare a Parenting Plan and Visitation Schedule

You will get a chance to present what you believe is the best post-divorce arrangement for your children. You will need a parenting plan and visitation schedule for your presentation, which contain:

Your proposed custody arrangement
Your proposed visitation schedule
Transportation arrangements
Communication arrangements

Make sure your proposal is reasonable, fair, and observant of the North Carolina’s child custody laws.

Prepare Your Attire

Wear appropriate attire for your hearing. You should look dignified and presentable for the hearing. You T-shirts and shorts are not acceptable.

Save the Date

Your behavior and mannerisms on the hearing day should reflect your interest in your children's welfare. You do this, for example, by arriving on time for the hearing. The court might misinterpret lateness as disinterest or lack of seriousness in your children's lives, which is bad for your custody fight. You should clear your calendar for the day.

Consult a Lawyer

Legal consultation is useful even if you plan to represent yourself during the hearing. For example, a lawyer can prepare you on what to expect and how to behave on the hearing date. During the consultation, ask your lawyer all the questions you need for thorough preparation.

Allan Brandon Tise, PLLC, Attorney at Law, understands divorce difficulties and the need for top-notch legal help, and we have been practicing family law for over three decades now. Contact us for a consultation on your child custody issues. We know you want the best for your children and will do our best to help you secure a bright and productive future for your children.

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