What Happens At A First Custody Hearing in Orange County

If you’ve never experienced a child custody hearing before, you’re likely experiencing some pretty high-level anxiety. Because you’re facing the possibility of some unfavorable outcomes, this is understandable. However, with the right preparation, you can maximize your chances of getting the outcome you desire in court, but most importantly, secure a safe, practical and happy living situation for your child.

As you are likely aware, a child custody hearing is where the court will decide whether both parents will have joint custody or if only one parent will be granted sole custody. The court will also make decisions on when and where visitation will take place (if applicable) and other custodial arrangements, including holiday visitations.  At a full hearing on custody issues, the judge will review the evidence provided, which may include financial records, living situations, and any pertinent documentation related to the child’s well-being.  The judge will listen to the testimony of any witnesses and certainly the parties, then make final custody orders.  The primary goal is to ensure a fair and safe arrangement for the child or children which prioritizes the child’s health, safety and welfare.

There are many ways a parent can prepare themselves for their first custody hearing, but one of the most crucial is selecting the right legal representation.  Hiring a very experienced and effective lawyer that solely practices in the area of divorce and family law can often be the deciding factor between a successful hearing and an unsuccessful one. At Pinkham and Associates, we have over 26 years of experience working with families in Orange County to secure a safe and efficient custody plan.  If you need representation or have questions about your custody hearing, we invite you to contact us for a free consultation.

Prepare for Your Hearing

To prepare for your custody hearing, the idea is to maximize your chances of the judge looking at your case favorably. Below are a few small ways that you can make a big difference when it comes time for your custody hearing.

Wear Proper Attire

Dressing appropriately for the court is important as it reflects your respect for the legal process. Opt for professional attire similar to what you would wear to a job interview.

Let Your Attorney Talk

Trust your attorney to present your case. They understand the legal nuances and can effectively communicate on your behalf so that your points are clearly made.  Even if you don’t understand why your attorneys said something, or is NOT saying something, you’ve hired an expert, you’ve met with them, they know your case, let them represent you in the manner they see fit.  If you are unsure about your attorney, fire them!  Hire a different attorney that has years and years of litigation experience and someone that you trust. 

Reset Before You Speak

Take a moment to pause and breathe before you speak. This helps you remain calm and articulate, ensuring your statements are clear and focused.  This is very important as the judge is paying very close attention to everything you say and do, even your demeanor in court while the proceedings are going on. Be professional.

Focus on the Child

Keep your language centered on the child’s best interests. Avoid making accusatory statements about the other parent, as this can reflect poorly on you.  Also, refrain from statements about what you want, or what you don’t like.  Keep in mind, in family court, the judge doesn’t care about you, or your spouse, the judge’s job is to look out for the best interest of the child or children.  

Court Documents Involved in Preparing for a Custody Hearing

For your convenience, our team has linked a few of the more commonly used forms and documents in custody hearings.  This is not an exhaustive list because we don’t know what your hearing is about, but these forms are definitely going to be important.  

• Request for hearing (FL-300)
• Responsive Declaration to Request for Order (form FL-320)
• Declaration written out to explain what you are requesting, and why, in great detail.
• Income & Expense Declaration if your hearing is about money (FL-150)
• Requesting an evidentiary hearing

Custody Hearing Process

Hearings generally don’t exceed half an hour, whether held in a courtroom or on a video conferencing platform such as Zoom.  In either setting, they are accessible to the public.

Typically, a hearing commences with procedural details provided by the judge.  The parent who initiated the custody request (or their legal representative) is given the initial opportunity to speak and present evidence, followed by the other parent (or their attorney).

Both parents are sworn in as witnesses before you are given an opportunity to tell your side of the story.  Then, the judge will likely ask you questions about your case or the facts surrounding your requests, such as questions about your residence, employment, finances, leisure activities, and other pertinent factors crucial to determining custody arrangements.  Although the judge usually reviews the case file beforehand, it’s essential to proceed as though they haven’t, to ensure no vital information is overlooked.

Based on the details presented during the hearing, the judge may take one or more of the following actions:

• Order a child custody evaluation if they deem it necessary for a mental health professional’s input.
• Appoint counsel for the child if they believe legal representation is warranted.
• Issue temporary custody orders if the parents are unable to agree on arrangements during the custody proceedings.
• Schedule a follow-up hearing or a trial.

If the outcome of your custody hearing did not go how you anticipated, you are likely stuck with that outcome, sometimes for years.  So, make absolutely certain that you hire great counsel to represent you from the outset.  At Pinkham and Associates, we are more than happy to talk to you about your case and ultimately represent you in your matter before the court.  Contact our firm for a free consultation.