Most parents are anxious before a child custody hearing. Part of this anxiety comes from the pressure to prepare and present their case effectively in court. While planning may not relieve all of the emotional tension of a custody hearing, being prepared can make you a more powerful advocate for yourself.

There are several steps to consider in preparing for a child custody hearing. 

1.    Understand the Law

In Pennsylvania, a court will decide a child custody matter using the ‘best interest of the child’ standard. There are multiple factors that a court is required to consider to determine what is, in fact, in the best interest of the child. It is important to familiarize yourself with the factors and which factors apply to your case.

2.    Bring the right documents to court

When you are involved in a child custody dispute, there are many types of documents that may be helpful to the court. Parents are encouraged to keep a journal of visits and to note the behavior of the child or parent in order to remember these occurrences for court, phone logs are obtained to reflect the history of communication, and parents often exchange text messages and emails with the other party regarding the child. It is important to consult with your attorney to decide which of these documents may be beneficial to your case and admissible in court. For example, it is imperative that any text message or email reflect when they were sent and who the message is from or to.

3.    Learn proper courtroom etiquette

First and foremost, always be on time. It is important to plan ahead for your arrival to court as most courthouses have metal detectors or other security procedures that take additional time. Additionally, the judge is watching everyone and everything that takes place in the courtroom. Make sure to prepare with your lawyer ahead of time about your demeanor while a witness is giving testimony and to answer any questions you may have about the process.

4.    Know what to expect during the hearing

A child custody hearing is heard by a judge, and not by a jury. A court will expect to hear testimony from both parents as well as other additional witnesses. When you provide your testimony, you must remember to speak slowly and clearly as a court reporter must record everything that is said. Be prepared to tell the judge what you want as a result of the hearing. Namely, what is the best physical custody schedule for the child, what should the exchange times be, what holidays are important to you or the other parent, and how will you accommodate the child’s activities in the schedule. Finally, bring something to occupy your time. The process usually involves a lot of waiting and you want to calm your anxiety in down times.

5.    How to dress for your courtroom experience

You have only one opportunity to make a first impression, and you want to leave the judge with a positive one. Discuss with your attorney what is appropriate to wear to present the image you wish to portray.



For more information contact Kara Haggerty by phone at 717-591-1755 or by email at [email protected] 

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