Divorces are hard enough, but when child custody is added to the mix of things, things get a lot harder to deal with. This is why you need an experienced child custody attorney on your side to make things a little bit easier. Here is what happens in a child custody hearing.
The Court Wants To Go For Joint Custody
This thing is really important to know because you need to mentally prepare yourself for any verdict. The court doesn’t want the child to live in a split family or with just one parent. There is a lot of careful consideration when it comes to the court side of things and the judge wants the child to be with both parents, until or unless there’s no real reason to state otherwise.
This is something that a lot of parents don’t expect, so it’s a good thing to know going into a child custody hearing because you want to prepare yourself for any possible scenario. The judge will look at the evidence presented in court and if there’s an actual reason as to why a child shouldn’t be in the care of one parent or the other, then it will be stated and decided, otherwise, the court will order joint custody because the court wants the child to have as much of a normal family as possible.
The Evaluation Of The Child
The next thing that is usually considered in a child custody court hearing is the fact that the evaluation of the child is done by the court. The evaluation of the child is necessary because it determines the mental state of the child at the time of the separation.
This is important to do because things can have an impact on the child’s life and things like divorce, constant bickering and fighting can have an adverse effect on the child’s mind, so this is why a mental evaluation is done to get an all-rounding picture of the child’s mental health.
The Evaluation Of Parents
After the child’s evaluation, an evaluation is also done on the parents. This is not just a mental evaluation, but it is also an evaluation of the parent’s financial condition, stability, and overall personality to ensure whether the child will be safe with them in a certain environment or not.
It is also important to figure out whether or not the child’s necessities and desires can be fulfilled by the parent who is getting custody. This is the most important part of any child custody hearing and parents need to fit the criteria.
Any Signs Of Abuse?
In a child custody hearing, another thing that has a peak impact on the case is the fact of abuse in the household. If the reason why you’re separating and you want to take your child away from the environment is because of abuse, then the court will look into the matter and see the evidence that supports the claim.
Abuse is a very serious issue and making sure that there is a possible cause for the child to be taken away from a parent is important for the court to decide. Otherwise, it can turn into a mess.
Is There Neglect?
In a lot of child custody cases, the basis of the case is built on the fact that there is neglect towards the child and one parent is not looking after the child, as the other parent is. The court will also look for any parental abuse or alienation.
This is also just as important to figure out by the court because the wrong evidence and claims can ruin the life of a child and the court doesn’t want that.
The judge has to go through all of the possible presented evidence to ensure that the child is not being neglected and if they are, then they need to be removed from the care of that parent.
Does The Child Prefer One Parent?
The next thing to go over in a child custody hearing is the preference of the child. After divorce or even before it, there is a certain preference of the child, when it comes to parents. There is a certain parent that a child prefers over the other and the court needs to find out why that is the case.
This is important, because as simple and insignificant as it may seem, the child’s preference speaks volumes because it shows how they prefer one parent over the other and the court needs to dig further to find the real reason behind it.
There Will Be Cross Examinations
The court also doesn’t just rely on the evaluations of the parents and children. It also brings in character witnesses and other people who can vouch for the behavior and the character of the people involved in the custody hearing.
It’s really important to have a third person’s eye on the case as well because they will give their unbiased review on the parents, their behavior with the child, and other things involved. So, it’s also something that goes over in the court hearing, especially in child custody cases.
The Relationship Of The Parents
Another thing that is looked over in a child custody hearing is the relationship of the parents with each other following the divorce. Some people stay friendly while others only communicate through their family lawyers Fairfax VA.
Yes, it can be hard to be on friendly terms after a very painful divorce, but that’s exactly what the court wants to see. How the parents act around each other, if they have any ill will towards each other, and if there is any motive behind the split and the subsequent child custody.
The court wants to see that if they are granted physical custody of the child, what the reaction of the parents will be, and whether they will be amicable throughout the care or not.
The Reason For The Split
Another crucial thing that a child custody hearing discusses is the split of the parents. They want to know what the reason for the split was. If there was any nefarious reason for the split or if there was abuse or neglect involved.
This is important to go over because this can be directly reflected in the child custody case and it can be really hard to save the child from a bad household if there are no signs of it in the relationship and the downfall of the marriage. This is why it’s really important to be open and honest in the court hearing.
How The Parents Carry Themselves
The thing that the court focuses on the most when going through child custody cases is the way the parents carry themselves and take care of the child as well. This is important because the court wants to get to know the parents firsthand and see how they take care of the child.
This is a really good indicator for the judge to come to a decision based on things that they are seeing from a third-person perspective.
Conclusion
A child custody hearing is a thing that can go either way. So, you should have an idea as to what goes down in a hearing. For a better understanding of the process and creating a plan that can increase your odds of winning the custody, hire a child custody lawyer Fairfax VA.
