how to talk to a lawyer in custody court

What do you need to know about child custody?

Child custody laws vary from state to state, 1  so one of the first things you need to do is become familiar with the laws in the state where your custody hearing will be held. Reading the fine print can be tedious, but it will help you to find out for yourself what you're up against before attending the hearing.

How to win custody of a child?

Parents who hope to win child custody must behave appropriately in court or risk losing custody. 2  Discuss proper courtroom etiquette with your lawyer to get a better understanding of what's expected, as well as any pitfalls—like emotional outbursts or accusatory statements—you need to avoid or be on the lookout for. If possible, do some roleplaying with your lawyer in advance.

Who is Emily Swaim?

Emily is a fact checker, editor, and writer who has expertise in psychology, health and lifestyle content. Learn about our editorial process. Emily Swaim. on May 19, 2020. Going to your first child-custody hearing can be scary, especially for parents who are unfamiliar with the process. However, with just a little advanced planning, ...

Does Verywell Family use peer reviewed sources?

Verywell Family uses only high-quality sources , including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Children's Bureau. Determining the Best Interests of the Child.

What is the better parent standard?

The better-parent standard comes into play when a parent requests sole custody. Essentially, the judge has to be convinced that one parent is better than the other, which can be difficult to prove. 1 

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

How to win custody battle?

How to Fight and Win a Custody Battle. The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want , or need, to win their child custody cases, but don’t know exactly what they’re fighting for.

Is court case stressful?

Court cases are very stressful to children (even though they have no idea what’s going on) and too much stress can lead to many child hood issues like depression, anxiety or even delinquency later in life. Myth #2: The best parent is the one with custody. Again, not always true.

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

What is the right to consent to marriage?

the right to consent to marriage. the right to consent to enlistment in the Armed Forces of the United States. the right to make decisions concerning the child’s education. Keep in mind that if you both have the right to decide an issue and cannot come to an agreement, then nothing happens. For example, if your child gets sick ...

What is the relationship between a parent and a child in Texas?

In the state of Texas, it is presumed that the child’s interests are best served by having a close relationship with both parents. Once the parenting relationship is established by the court, the parties are made joint managing conservators of the child.

Does North Carolina require mediation?

Additionally, counties in North Carolina that offer mediation require that before seeing a judge you try to resolve your case by mediation. 2 Mediation is an opportunity to resolve a case without going to court. In counties where mediation is required, somebody from the court will sit down with you and the defendant to try to work out an agreement ...

Can you waive mediation?

The court can waive mediation if you can show that domestic violence has occurred between you and the other parent. 3 If you have an attorney, you can choose to have your attorney help you with the mediation process. For more information, please see When can I be excused from mediation.

Can a child testify in court?

The courts are very careful when considering whether a child should testify and specific laws have been enacted that permit children, based on their age, to testify and speak directly to the Judge. Therefore, when appropriate, a child’s voice can be heard and taken into consideration by the Judge when making a custody determination.

Can a mediator interview a child?

Depending on the child’s age, parent’s agreement, and the mediator’s professional opinion, the mediator can schedule a separate meeting to interview the child. Usually, if the child is under the age of 8, the mediator will not interview the child, regardless if the parents agree. If the mediator believes the children should be interviewed, ...

Who is Debrina Washington?

Debrina Washington is a New York-based family law attorney and writer, who runs her own virtual practice to assist single parents with legal issues. Andrea Rice is an award-winning journalist and a freelance writer, editor, and fact checker specializing in health and wellness.

Can parents represent themselves in court?

Although the justice system permits parents to represent themselves, many legal experts advise parents to reconsider self-representation if the other parent will be represented by counsel. Parents represented by counsel could be in a more advantageous position.

Who is Andrea Rice?

Andrea Rice is an award-winning journalist and a freelance writer, editor, and fact checker specializing in health and wellness. Learn about our editorial process. Andrea Rice. on May 24, 2020. MoMo Productions / Getty Images. When parents split up, it becomes necessary to create a child custody agreement.

Is it intimidating to have a mound of documents?

Mounds of documents can be very intimidating to a lot of people, even for some legal officials. Parents considering pro se representation should become familiar with the various family law documents they are likely to come across in this process.

Is child custody stressful?

Understand that child custody cases, especially those with some contentiousness, can be stressful and take a lot of time. This reality will be magnified if you are leading your own case. Clearly, these factors could change as your case progresses but these are important elements to keep in mind.

Can I get legal help without a lawyer?

If financial hardship is the main driver behind your interest in filing pro se, don't give up hope. There are other avenues to get free or low-cost legal help without hiring a lawyer. Depending on your personal situation, you may qualify for assistance from various legal aid agencies in your area.

Why is divorce so hard for kids?

Divorce is a difficult time for children. It is hard for them to grasp the idea that their parents’ love for each other can simply end. Things are even more difficult when it becomes clear that the love transferred to a person that is not the child’s mother.

What happens during difficult times?

These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly.

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

Do children thrive in a two parent household?

Children thrive best in a two-parent household whenever possible. If a parent makes it a habit to put down the other parent, the children feel torn and forced to choose one parent over the other.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

Is it a crime to make physical contact with another person?

Making physical contact with another person in a harmful or offensive manner is a crime. Some states call that crime “battery” others refer to it as “assault.” Whatever the term, it is criminal.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.