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What To Expect During a Child Custody Hearing

August 2024

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Ed Shea

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A document showing a legal process involving parents and children for custody evaluations and proceedings

Undergoing a child custody hearing can be intimidating and stressful for any parent. As your court date approaches, understanding what will happen can help you feel more prepared and less anxious. This article outlines the process and key components of a typical child custody hearing.

Before the Custody Hearing

1. Gathering Evidence
In the weeks leading up to your custody hearing, your child custody lawyer will likely request certain documents and evidence to support your case. This may include:

  • Proof of income
  • Records demonstrating involvement in your child’s school and extracurricular activities and which parent has been the primary parent of the child(ren) historically and in the last 12 months.
  • Statements from character witnesses who have first-hand observations of you and your parenting of the child(ren).
  • Any other evidence showing you as a fit, caring, and responsible parent

What Happens During a Custody Hearing

The hearings take place virtually, via WebEx, before a family law commissioner. You and your spouse and each of the attorneys will appear virtually and argue for their respective parenting plans.

Questioning

The commissioner may ask each lawyer questions about your case and it is rare these days for the commissioner to ask either parent questions. Their aim is to evaluate factors relating to the best interest of the child that standard courts follow.

The Commissioner's Custody/Placement Decision

At the hearing’s conclusion, the commissioner will make a temporary ruling regarding temporary placement/custody

Commissioners make temporary custody decisions based on the child's best interests. This includes considering factors like:

  • Child’s relationship with each parent
  • Mental/physical health of individuals 
  • Each parent's ability to provide stability 
  • Any history of domestic violence or abuse
  • Preferences of older children

Modifying Temporary Child Custody Orders

If there are changes that occur during the pendency of the case, either parent can file motions to request a modification of the temporary parenting plan. The court will reevaluate the situation to determine suitable arrangements for the child’s well-being at that time.

Consult a Child Custody Lawyer Today

Navigating custody disputes is complicated, but understanding what to expect can alleviate stress. Working with an experienced attorney from Shea Law in Kennewick, Washington, is key to presenting your best case and helping you prioritize your child’s best interests.

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