Jan 4, 2020

Prepare Yourself for Your Child Custody Hearing

Going through a divorce is never an easy process, and when kids are involved, it’s that much harder. There are several factors to consider and keep in mind during custody hearings. We introduce how to prepare yourself for your child custody hearing. Preparation begins at home; then, you can work with our lawyers to help you through the process and develop an action plan.

Prepare at Home First

Evaluate Yourself and Your Spouse Honestly

The judge is going to search for the type of parent you are and the type of parent your spouse is. So, it’ll be crucial to identify your strengths, including how your personality is favorable over your spouse’s. With that said, you should do an honest evaluation of your spouse as well. During these proceedings, you may feel that your spouse is the enemy. However, if you’re consistently bad-mouthing your spouse, you can leave an unfavorable impression of yourself.

Acknowledge That You Can Improve

Being honest and vulnerable will often be a strength in court. If you have areas of your parenting life where you can improve, own them. You know you’re a good parent; rely and trust on that knowledge and realize that everyone has flaws in one area or another.

Document the Times When You Helped Your Child

If you have young children, you could draw up a document that shows your daily schedule showing that you fed them, changed them, brought them to school, and so on. If you have older children, you could show that you paid for their schooling, school supplies, or clothes.

Never Include Your Child In the Process

It’s hard enough on your child that their parents are separating. You should never include them in discussions around custody. In addition, it’s never okay to ask your child, or children, to favor you in front of the judge and attorneys.

Review Child-Custody Laws for the State of Illinois

Every state has its own unique rules, so it’s important to review the correct laws. Some states overlap in some ways; for example, one law that Illinois has in common with many other states is the Uniform Child Custody Act (UCCA). In simple terms, this act allows parents to agree on joint custody, grant visitation rights to grandparents, and so on. In addition, Illinois recognizes both legal and physical custody. Legal custody grants the right for a parent to make crucial life decisions, while physical custody grants where the child will live. Our attorneys will help you understand all this information and more, so if you’re ever unsure about something, we’re here to help.

You’re Going to Have to Prove Yourself to the Judge

Request In-Home Evaluations

One activity that can help you in court is asking for an in-home evaluation. This will provide a formal document stating your home is safe for children to reside in.

Work With Your Ex

If you demonstrate that you’re willing and able to work with your ex, the judge often looks at this favorably. We understand that this doesn’t apply to all, and it’s dependent on the situation. Therefore, if you have an unfavorable home situation, our attorneys will help you with this decision.

Etiquette Matters in Court

Be Respectful

Regardless of the words spoken or evidence shown, under no circumstances should you act out in court. The judge not only won’t have it, it may hurt you in the long run. Of course, emotions will come out at times, it’s just encouraged to keep them at a minimum when possible.

Dress Appropriately

How you present yourself in a court is another factor that will affect the judge’s impression of you. Your court day is not the day to show up in casual wear or even business casual. Anytime you’re before the judge, you should dress conservatively. Business professional is a helpful reference if you’re unsure.

Get Your Documents Together

Employment

Documentation is one of the most important factors to prepare yourself for your child custody hearing. Once your court date arrives, you should have several documents prepared. Among these documents you should have something that shows that you’re employed. A court will want to see that you’re able to hold down a job consistently, so numerous job changes on your resume are not ideal.

Financial Stability

Following employment, they’ll want to see that you’re financially secure. You can prove this with a few documents such as bank statements, pay stubs, and investments.

Police Records

If the divorce is occurring due to an unfavorable home environment, police records are a very important document to include. If you had to call the police for any kind of domestic violence, for example, the court should know that.

Missed Child Visitation

If you’ve established visitation hours, it’s important to log these as well as any absences. If your spouse didn’t show up to a visitation, the court needs to know that because it shows irresponsibility and a sense of unwillingness. Of course, life happens occasionally and maybe your ex had to go into work, so some absences are acceptable occasionally. However, consistent rescheduling is not acceptable.

Show Your Time Spent With Your Kids

Something you could do is bring photos or videos of you spending time with your kids. This shows the judge that you’re interested in spending time with them, and more importantly, it shows they’re comfortable spending time with you.

Custody Doesn’t End in Court

It’s important to note that if you win custody, that doesn’t mean you’re completely done with the process or any scrutiny. In fact, it means you’re often held to a higher standard. Unless you can make peace with your ex, you may find that they continue to challenge you. So, this would be your chance to prove that you remain fit for custody.

If you need the best child custody lawyer in Illinois, SDF Law is for you. We put our client’s best interest first. Many of our attorneys have families of their own, which is why we approach these cases gently and with the highest integrity. With our vast knowledge, we provide our clients with impeccable services and results.

Prepare Child Custody Hearing