Know the Laws Governing Custody
A basic understanding of custody laws is essential before you step foot into the courtroom. How do your state statutes treat legal versus physical custody? What type of custody arrangement does the court favor? Having this information can help you prepare for questions your attorney might ask you, and it might be of use to you if you need to advocate for yourself in the courtroom.
Some states appoint a guardian ad litem to speak on a child’s behalf during a custody dispute, and some of these roles are also filled by a minor’s attorney. In these cases, knowing what type of custody arrangement the court will most likely push for could give you a solid sense of how the situation might play out. Does it make sense for your child to be with you or your ex? If so, why? You should have your answers figured out before you arrive in court.
States treat legal versus physical custody differently. Physical custody means that a parent has the right to have a child physically present in their home. Legal custody , on the other hand, describes the right a parent has to make decisions for the child, such as in a medical emergency. In some cases, a parent might have legal custody without having physical custody or vice versa. In other cases, the parents might have shared legal custody, but one parent may have primary physical custody.
When a court must decide on a custody arrangement, the judge will usually favor the living situation that’s already in place. This means a judge is less likely to take physical custody away from a parent who’s doing very well financially and who provides the best living conditions. Other factors that the court considers include the child’s relationship with each parent, the mental health and stability of each parent, and the presence or absence of drug or alcohol abuse.
Bring Critical Documents to Court
The third stage of our series, "Preparation for Child Custody Court," focuses primarily on gathering documentation. This step is essential to your success in custody court. While speaking with your Pennsylvania child custody lawyer in Philadelphia about your case, they should inform you of the necessary documents. In fact, most of the necessary paperwork for your meeting will be provided by your attorney. You should be kept in the loop about the specifics of each document and why it is important to your case. However, there are some important documents that each party can compile. These include:
• Financial records: Ensuring financial independence and that you maintain the standard of living enjoyed by the child during marriage is critical to custody decisions. Financial documents for both parties will be necessary.
• Child-related documents: This can include report cards, report card history, and any relevant medical records your child may have.
• Correspondence: Also known as documentation of involvement, this can include emails, phone records, and any other written correspondence that shows you interact with your child full-time.
Establish an Effective Parenting Plan
If there’s one thing that judges value most when it comes to family law matters, it’s the best interests of your children. These interests are interpreted very broadly and, more often than not, are completely in the hands of the parents to promote them. With that in mind, it’s essential to think about how you can show the court that the proposed custody arrangements are in your child’s best interests.
Somewhat predictably, a sizeable component of this can actually be addressed through a well-developed parenting plan. Parenting plans are essentially comprehensive schedules of how custody arrangement will work and details the plan for visitation for both parents. This is important because it shows the court not only that you’ve put in the thought of how this plan will work, but also that it is organized in such a way that the time and visitation for both parents is considered.
Normally, parenting plans first list the locations where custody will be shared and who will be caring for the children at these locations. From there, the middle portion of the plan is typically broken down into the types of schedules and visitation for the children. For example, these schedule types can include:
Finally, as if that were not enough, a parenting plan should also address how decisions about the best interests of the child will be handled. This addresses such things as:
All of these details are valuable because, when the court sees the parents are organized, they are much more likely to approve the plan. If no such plan is worked out and both parents have different plans that are less organized, its much easier for the judge to deny the plan.
In short, by developing a comprehensive parenting plan that discusses custody, visitation, and decision-making, it helps to persuade the judge that the proposed custody arrangement is in the best interests of the child.
Prepare to Navigate the Court System
When you arrive, you will be given a seat assignment. It is best to contact your attorney before the hearing to find out what seat number he has requested for you. If it is a sensitive issue, you may not want your spouse to see you seated with your lawyer. Also, sometimes seat numbers are given out on a first come, first serve basis. You could end up waiting for hours in Court if your case is not called until late in the day. For a fee, we can attend Court on your behalf and you do not have to be there. Speak to your lawyer about this option if you are concerned about being in Court.
On the day of your hearing, former clients often ask us what will happen while we are in Court. For example, clients going through a custody issue want to know, "What will the judge ask me?" and "What will I have to testify about?" Your lawyer will be able to explain the process to you, but here are some general notes about how hearings are scheduled and what happens typically in Court. When you arrive at Court, your case will be assigned a specific time based on the type of service you are using. Sometimes cases are scheduled on a case-by-case basis between the attorneys. It is important to note that Judge may call your case any time during the day, depending on the order of the docket. Judges, like everyone, have good days and bad days. We cannot predict how your hearing will go. Rest assured that we have been effective advocates for other clients and we will be the same for you. When your case is called, your attorney will advise you on when to take the witness stand. They will also prepare you for what will happen while you are on the stand. It is likely that the Judge will ask you to "raise your right hand and promise to tell the whole truth and nothing but the truth." After this is complete, your attorney will begin by asking you questions to provide background information (called "direct examination"). In most situations, the Judge will then allow the other lawyer to ask you questions (called "cross examination"). In this instance, you will have to sit down with your lawyer and listen to their advice on how to navigate questions from the other party’s lawyer. Your lawyer will then have a chance to ask you some more questions about your position on the matter (called "redirect examination") and you will have a chance to take the stand a second time to give the Judge any final information you want him to have about the case.
Collaborate Effectively with Your Attorney
This is a team sport and you will want to work with your family law attorney to show the court that your hopefully soon to be ex-spouse is the one who should not have custody of the children. If you are going after sole legal custody then you will need to present a case for sole legal custody rather than shared legal custody. Therefore, start working with your lawyer to obtain a complete picture of the dynamics that surround your family and your children . You will want to make certain that you know from the lawyer what paperwork you will need to gather and prepare based on what your spouse’s legal team is likely to toss at you. A lawyer who practices in your area has probably seen these cases many times before. He or she can leverage that experience to make sure that you are as prepared as possible.
Prioritize the Best Interests of the Child
Considerations regarding the child’s best interest are central to custody court. Many courts may use a statutory best interests of the child standard for determining custody, while others may apply their own common law factors balancing different considerations.
In New York, courts are required to apply a statutory best interests standard as codified in § 72 of the Domestic Relations Law and Family Court Act § 240 (a) (1).
Some common factors and considerations include the safety of the parents or child, the emotional bond between the child and the parents, and the parents’ relative ability to provide emotional and other needs for the child. Judges are instructed not to rely solely on an innocent parent’s income to assess their budgetary capabilities.
New York Family Court may also consider a variety of factors including the child’s physical health, each parent’s intellectual and moral fitness, the residential, economic, and educational stability of each home environment, the child’s preferences, the relative fitness and stability of each parent as co-providers, the ability and willingness of each parent to foster a continued relationship between the child and the other parent, the home environment, the parties’ interactions with their family, and the standard of living that would be enjoyed by the child if the family had remained intact.
Family courts are also required to "carefully consider the law" when evaluating child custody cases, by rendering a decision "in the light of" relevant statutory and case law. See Eschbach v. Eschbach, 56 N.Y.2d 167 (1982); see also Family Court Act § 262.
Other states may have individual statutory provisions for resolving child custody issues or may follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Manage Stress and Maintain Professional Demeanor
Mercury may be in retrograde, you may be handling a big case at work, your kid may be sick for the fifth time this month, or it may seem as though your life is perpetually in shambles. A custody dispute can be one of the most stressful situations to go through. While it may seem trivial to manage your stress when you could be worried about losing custody of your kids, going through custody court when your mind isn’t right can actually work against you and reduce your chances of getting the custody arrangement you want. Take time to clear your head after each frustrating encounter with your ex. Practice mindfulness techniques by listening to music, going on a walk, or spending time with a good friend. While you don’t have to tell everyone your business, it’s okay to lean on your support network during this time . They want to help you, and talking to someone supportive and understanding can help you deal with your frustrations in a way that won’t hurt you in court. Keeping your cool on the day of your custody court appearance can also be a challenge. However, since everything you say will be recorded and used against you if you lose control, staying composed is essential. Take a few deep breaths and remind yourself that the courtroom is not the place to air your grievances. Stay respectful of the judge and your soon to be co-parent. As bad as they may make you feel, losing your temper in court can make you look immature and shallow, and teachers and judges see right through this type of behavior. Take care of yourself before and during the cases and you can avoid allowing court to crash down around you.