This article is intended to convey generally useful information only and does not constitute legal advice. Sole or Primary - one parent has the right to make important legal decisions OR the child(ren) spends majority of the time living with 1 parent and visitation time with the other. Get expert tips to help your kids stay healthy and happy. Out of all the other disputes like property division, financial division, and spousal support, child custody is the most important. https://www.linkedin.com/in/stephanie-cortes1, "I was able to find just the right lawyer for my case. Your list should cover the following items: Make a list of the other person's weaknesses, particularly in the realm of parenting. If you and your ex-spouse cannot agree on a parenting plan, then you each should submit separate plans. If that is true for you, it helps to bring financial documents that show any expenses related to your child. Consider your child's preference for custodial guardianship to be the "X factor" in a child custody hearing. (It's better to have it and not need it than to need it and not have it.) Co-parenting with an ex during the holidays often leads to hurt feelings. This can be tuition bills for private school, day care or summer camp. Paperwork and proper documentation are always necessary to bring to a court hearing. If your hearing also includes a determination of child support, you'll need to fill out the court's child support worksheets and documentation of your income including recent pay stubs or copies of your tax returns. If you are seeking any type of custody order, an attorney can help you decide what the best options are, help you gather evidence, file paperwork, prepare documents for court, and argue on your behalf in court. Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. If your child's other parent initiates custody proceedings, you can assume that they included their own proof when they made their written submission. Joint - both parents share the legal responsibilities of decision making OR physical parenting time. Your spouse may attend a child custody hearing because the hearings take place in a courtroom that is open to the public. In the court, when the judge will decide child custody, that decision must be in your favor. Whatever documents, emails, or statements proving you are this child's primary caretaker are helpful. You don't have to wait for the judge to order one, however. © 2020 – LawChamps – All Rights Reserved. If you're confused about what to take with you, too much documentation is always better than too little. We have solutions for all your doubts or questions. She can bring proof of employment and proof of the daycare as well as proof of any other expenses for the child, like extracurricular activities. Even court staff sometimes lose or misplace paperwork, so you'll have it with you in the case of an emergency. This is always subject to the caveat that if they're not seeing the child, it's not due to something that you've done to prevent it. You usually don't bring children to Court unless the Court is going to do an interview of the child in chambers to ask the child questions about the child's wishes as to custody. Although a consultation with an attorney should give you some solid ideas, this list might help as well. In many states, judges are authorized to appoint child experts to give testimony at custody hearings. If your child is repeatedly injured while in their other parent's care, including doctor reports and emergency treatment records. What to Expect at a Child Custody Hearing If you are unable or unwilling to resolve things out of court, then you will schedule a hearing in front of a judge to decide your case. Work with your lawyer to determine what documents to bring to your child-custody hearing and whether your own personal records will be admissible. However, if you decide to do it on your own, here is what you should bring to the hearing: A copy of the court documents for divorce or paternity case or, request for order (RFO) modification filed, A copy of an previous child custody and visitation orders made, A copy of the Proof of Service document, if requisition for modification in orders, Phone call logs or messaging between parties, Children(s) records such as school records, medical reports, or records of bad behavior, Proof of “change of circumstance” and copy of any written declarations submitted to court indicating change, Notes to yourself that may help you explain your claims to the judge such as child’s well being. All custody proceedings begin with written submissions to the court outlining your position and clearly stating what you're asking the court to order. 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