What To Expect From A Child Custody Case

11 November 2020
 Categories: , Blog


Child custody law is a bit different than other types of legal proceedings. It's wise to learn a bit about what to expect. Here are three things a child custody attorney will want you to be aware of.

Trials Are Rare

Family courts generally try to avoid scheduling trials unless there are major conflicts that are grounded in serious disputes over relevant facts. A judge will often have a court-appointed officer deal with things. The parties to the case will meet with the official at what are called conferences, less-formal sessions where discussions take place with the goal of reaching agreements. If they can iron everything out in the conference, the court-appointed officer will relay the signed agreements to the judge for approval.

Under some circumstances, there may be hearings. The court will order the parties to meet with the judge to conduct more formal discussions. This gives the judge a bit more power over the process, and courts commonly use this approach for harder child custody law disputes. A judge will only arrange a trial if there are major findings they can't reach in hearings, but this rarely occurs.

The Standard Is Different

Most people are familiar with the criminal legal standard, where a prosecutor has to present evidence that's not reproachable beyond a reasonable doubt. They may also be familiar with the civil standard, where plaintiffs have to prove their arguments are most likely the truest ones.

Such approaches are inherently adversarial, forcing two sides to square off and fight. However, family courts don't see their work that way. Child custody law uses what's called the "best interests" standard. In these cases, the court must determine what combination of arrangements best promotes the physical and emotional well being of a kid.

Generally, this means ensuring that the child has a safe and economically secure place to live. They should also have access to formal education. Similarly, the child should grow up within their family's culture. Finally, whenever possible, the child should have nurturing and steady relationships with both of their biological parents.

Few One-Sided Outcomes

In child custody law, most cases do not lead to one side winning everything they ask for. The court wants both parents involved, and that generally leads to joint custody agreements. Even if there are serious concerns about a parent, judges typically try to help them get counseling, parenting lessons, job training, or financial assistance to rectify whatever might be wrong.


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