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Family & Divorce

What to Expect at a Child Custody Hearing

Most parents picture a television courtroom. What to expect at a child custody hearing in New York is usually quieter and slower: a long wait in a hallway, a small courtroom, and a judge who has read more of the file than you might think.

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01 GUIDE

What to Expect at a Child Custody Hearing: what usually happens

The day itself

Plan to spend much of the day at court, even for a matter scheduled in the morning. Cases are called from a calendar, and yours may be called late or adjourned to another date because an earlier matter ran long. Some appearances are held virtually, and the notice or the court will tell you how to connect. Dress as you would for an important meeting, silence your phone, and arrange child care, because children generally should not be brought to the courthouse unless the court asks for them. Bring every document you plan to rely on, organized and with copies, even if your lawyer already has a set. Inside the courtroom, everything said is recorded.

Who speaks and in what order

In a contested hearing, the parent who filed usually presents evidence first, then the other parent, and the attorney for the child can question witnesses and may take a position on what the child wants or needs. You may testify, answer questions from the other side's lawyer, and hear the other parent describe events very differently. Judges sometimes speak with a child privately, with the attorney for the child present, instead of having the child testify in open court. Stay composed while others are speaking, and let your lawyer handle objections. Facial reactions and interruptions are noticed.

When a decision comes

Many parents expect to leave the hearing with a final answer, and often they do not. Hearings can stretch over several dates, and judges frequently reserve decision and issue a written ruling later, sometimes after the parties submit written summations. Any temporary order stays in place until it is replaced. Before your hearing, we review the questions you are likely to be asked, the documents that need to be offered as evidence, and how to describe your parenting in concrete terms. Afterward, we explain what the ruling means and whether a short deadline applies if an appeal is worth considering.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about what to expect at a child custody hearing and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.