What to Expect at a Child Custody Court Hearing

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When you are attending an evidentiary hearing or a temporary child custody hearing, for example, the judge will follow a certain process. So it is very important to know what happens at a child custody hearing and the custody procedures.

1. Who is the judge going to call to testify first?

Normally the judge will allow the person who filed the action that is pending will get to present their case first. This person is considered the plaintiff or petitioner. So for example, if you are seeking modification of a child custody order or parenting time, the judge will expect you to make your opening statement first. If you are the respondent then you will make your statement second.

2. Witnesses
After opening the plaintiff present case in chief which means they have to call their witnesses to testify on their behalf including themselves if they are representing themselves in court.

It is very important to think about the order you call your witnesses and keep in mind how much time you have as in custody cases you will have limited time and they will not go on for days on end. So it is best to do your homework and present your best witnesses.

You should prepare your witnesses and go over the important points that are relevant to your case. You should also practice a great deal with your witnesses. So, if you are the plaintiff and you are calling yourself as the first witness then you will talk about the important points of your case and what in dispute and what you are trying to modify.

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💼Wendy Hernandez is a family law attorney in Phoenix, AZ and founder of Command the Courtroom which teaches you how to handle yourself in court and achieve the best outcome when representing yourself in your divorce or child custody case.

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*This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship. An attorney-client relationship is only formed when you have signed an engagement agreement. We cannot guarantee results. Past results do not guarantee future results. Consult with a licensed attorney for information regarding the specifics of your case.

#childcustody

[yoconscious]

This is what I will be looking at this Thursday after a year of battling my ex. Send positive vibes my way

[dwanalli]

I wanted to stop by and sincerely thank you for the videos you have posted. I made the choice to represent myself in my custody case. Your videos helped me so much. There was definitely more studying and law reading in addition, but the starting points were so incredibly helpful. I successfully won my case with the referee and again with the appeals court when my ex and his lawyer objected to the recommendation. For anyone reading my comment, I sincerely do NOT advise representing yourself, but if you do, read, read, read and when you think your done, read some more.

[enigmaanonymous]

I hate how if you’re the child who is under 16, you don’t get to represent your OWN needs and wants in court. It’s somebody who doesn’t even know you who does it for you!!
Gosh!

[elijahsrealfather]

Thank you. This is really hard for me. I feel like people like me don't get any justice without a fat bank account. Pray for me. As I'm typing this message I'm getting all my paperwork ready so that I can serve my sons mother. Do you have any videos on how to prepare for court and serving? I'd look at that.

[TampaJohn]

You could have made this video 10 seconds by just saying that the mother will get custody. Period.

[ipshwitz]

I've been fighting my ex for 6 years now, and have had a lawyer through all of it. However, after repeated retainers, I eventually ran out of money and this time I'm going in on my own. Beforehand I've always been able to settle outside of court, but have decided this time to go in front of a judge. These videos have been a goldmine for me. Definitely a ton of help in preparing. I'll post more after the 9th to find out if they helped enough :)

[anoneal]

My judge boldly violated the law in my divorce case. I still have two
different divorce dates in my one divorce. I still don't have my driving
license for not pay child support after the court blocked every access
for me to pay child support. I got two different amounts of unpaid child
support from one child support order. I believe the judge wanted
to double my child support payment.
We definite the crime as violation of the law with/without causing
damage. My judge did on me is a crime and my judge is a real criminal. I
am scared to face such a real criminal.

[n.s]

Short Version: If your a man you're screwed. She took your house and now your kids. Don't get married men.

[savage]

im goin to Court this Friday for child support for the first time which I have no problem. But my ex girlfriend has kept my children from me for 9 months and I've only seen him one time since and in the meantime she has been doing crystal meth and has had a problem with it the whole time I have known her I just don't know what I should expect when I go to this am I going to be allowed to speak on this matter. I don't even know where my children live in if they're ok or not I'm just really scared for their well-being and don't know how I am supposed to approach this in court

[kimeagle]

I'm 12, and I don't want to live with my mum, my mum and dad split up when I was born, so dad lives an hour away via plane, I'm also homeschooled and I have told my mum I don't want to be homeschooled.
my dad told me that he would have to take custody by going to court.
apparently I have to stand up and say why I want to live with my dad.

I'm really scared to stand up in court.

[stephenburton]

thank you i took notes from this video and will be using them in court tomorrow! ! keep on trucking

[wrongfullyaccused]

If you were the Respondent during the original divorce proceedings and you file a petition to modify, you remain the Respondent, you do not become the petitioner even though you are the one who filed the petition. The roles are reversed, but the label of Petitioner and Respondent stay the same. At least that's my understanding, it may be different in other states IDK. Thanks for the help, great videos

[TheMusicalStylingsofBrentBunn]

I'm watching this as research for a court scene in a novel I'm working on. Thanks so much for your help!

[Mr.Turano]

Thank You, it's nice to have a refresher to focus. I'm doing it myself, so it helps you volunteer your time like this.

[elizcolon]

I like watching these videos. I go to court at the end of this month for joint custody. My daughters father has really never been there for her. His inconsistent when it comes to her, I have giving him times of when to call her when she’s home from school or after school programs/activities, basically giving him access to her. Is going on two years now, where he simply just doesn’t look her for. Doesn’t make the effort to remain in her life or in contact with her. I have tried multiple times to co-parent with him and he just simply chooses not to acknowledge any of it. He filed for joint custody, Do to now paying child support.. which I am not sure if that is the reason to why he filed for joint custody, even though those are two different things. Can he be granted with joint custody?, after everything I just stated.

[Nevermore]

Being taken to court against your will, being treated as a criminal, the 14th amendment means nothing in there, your stripped of your rights, being looked at as a check, lose a day of work, modern day enslavement and being extorted, if it’s about the kid why does it have to be about money? Kids are BIG business and the real money makers, the state gets a bit of the guys money, it’s a woman’s world in there, family court kills men

[grand]

My ex is making faces accusations. Ideas? Thanks 🙏🏼🙂

[Facial]

What happens if you don't have witnesses to represent you?  I had not idea that I needed witnesses for the first trial date.

[daby]

Can you talk about the steps that don't involve a trial

[avocado]

that was and is a great video!! thank you very much for making it...i am preparing for my trial that is in 3 months!!!(: will watch this video many more times