What to Expect at a Child Custody Court Hearing
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- čas přidán 13. 03. 2016
- I'm going to give you a little bit of a roadmap so you know what you can expect if you're going into court for a custody trial, evidentiary hearing or a temporary custody order hearing. commandthecourtroom.com
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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
This is what I will be looking at this Thursday after a year of battling my ex. Send positive vibes my way
How did it go? We are going to trial in a few months and I'd love to hear how things went!
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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.
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!
You could have made this video 10 seconds by just saying that the mother will get custody. Period.
You must live in IN also.
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.
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.
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
Amazing video!! Thank you!!!
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.
Thank you for the video . Great video
Great explanation! Thanks
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 :)
How did things go?
Did you win!?!??
Chris Wise how'd it go?
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
Love your channel. Keep posting. Thank you!!!!
Really useful for thursday for me...pray for me 🙏🙏
I'm watching this as research for a court scene in a novel I'm working on. Thanks so much for your help!
You're welcome, Brent! Let me know the name of the novel when it comes out!!
wow what a lie
Command the Courtroom go away ugkly
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
thank you for the advice. I never thought to go to another hearing to see my judge In action so I know what to expect. I think I'm going to do that just to familiarize myself with the court process because I am so nurvous. also I am wondering if the process is the same for people who have never been married or lived together.
Thank you . This was very helpful
I received notice of a hearing from the court for a hearing the day after the hearing has taken place. The envelope was dated Feb 1 at a distribution center 2 hours away, and I did not get it until the 3rd the day after the hearing. I did receive a notice from her lawyer saying she was trying to get the hearing moved from family court to circuit court and I was "cordially invited" to attend. The only other mail I received from her lawyer was a certified letter showing her disability payments from the VA. I did not know why I received that piece of mail certified, and did not even receive the order for hearing till day after they had it. She got custody from a court in WV and the children were on their way to TX that night. She has also got a DVP on her and as part of the hearing they are taking that into consideration. I have not received any final custodial plans, and really do not know what to expect or even where to begin. I just cannot afford a lawyer at this point.
thank you i took notes from this video and will be using them in court tomorrow! ! keep on trucking
Good for you, Stephen! Let me know how it goes. :) Keep moving forward, buddy.
I was wanted to ask if the agreement is sign by the judge and there was things that also in the order about taking a parent's apart class. But the other party didn't what could happen to the party that didn't take the class?
Command the Courtroom I have a question what if respondent is a felon and has a charge of child abuse revolving murder of a child ????
Stephen Burton so how'd that go?
Command the Courtroom i lost custody of my 3 kids for post partum depression and other many lies from my ex. I dont know what to do. Give me any advice please
great information that is I'm currently filing for custody for my baby girl she's not gone yet but her mother is making things incredibly difficult for me by shutting me out of every single thing to do with the child but all this will be pending DNA test and to be fair I'm quite nervous and scared about the situation because I've never been here before but I do believe that the baby will be better off with me
Thanksss
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.
anika eagle that is the only way. What you say will be very powerful and will decide the verdict.
Never be scared to stand up for yourself.
Excellent. Great education, highly recommended
In Sixth Judicial Court of FL, pro se is blocked from hearing.
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
Can you talk about the steps that don't involve a trial
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.
you're a beautiful person I'll tell what know about my life up one at the end the day and the end of the world there is no Mother that would question how much she 💘 her children stay beautiful have great day with you're kids it's the only thing thats important his bless 💘 cj
My ex is making faces accusations. Ideas? Thanks 🙏🏼🙂
So, I will be the plantiff, and am asking for court to modify a 14 yr old custody agreement. My questions are, does my 16 yr old get to talk to judge in chambers? He is intimidated by his dad, and there is no way he would speak in an open court.
Next question, since i am representing myself, where do i look for inexpensive legal services? I just want someone to draft my petition that I have to submit to court? Colleges are out, and I don't know how to find law students. I'm in NC.
I am a dad trying to get custody of my children What kind of witnesses should I be looking to bring in to testify on my behalf?
Short Version: If your a man you're screwed. She took your house and now your kids. Don't get married men.
What happens if you don't have witnesses to represent you? I had not idea that I needed witnesses for the first trial date.
I have a quick question if I have the child reps not helping me and just siding with Mother what can I do
Hello, I'm 14 years old and my father has not wanted me in his life since about a year and a half ago. He has caused me to become suicidal, depressed, a huge drop in my grades, he also is against my sexuality. He just filed court against me and my mom. I need my mom to win. My dad is a sergeant in our county police force. Tips/advice/etc. PLEASE
Thank you for your helpful videos. I am desperately listening to help me get through court. I am fighting my husband of 12 years with parental alienation here in Southern California. Any advice helps.
GO YOUR COUNTY AND GET FILED
Is it different if it’s Grandparents vs Child parent?
Ok what if she confused seeing her and seeing my kids? I went to court and she said she wanted to put a restraining order so I won't see my kids??? I don't know what my kids had to do with anything, I found out today that she took off with my kids today to a different state, my daughter is under my name I didn't give her permission without a court trial to move out of state how do I go about it, I'll pay child support but she moved without concent she has to pay transportation right?
My son has been court ordered into the house of a Megan's law tier 3 offender who is not a relative, how to proceed ?
How would you get to see the judge in action?
What should I do if I've been summoned for a child custody hearing what all should I do to prepare please help. I am on fixed income and live with my disabled mother and grandmother my son lives with his mother in Santa fe Texas and refuses to work peacefully together for our sons benefit, I stay in New Caney and I haven't been able to get on the roads and get a better job and am trying to turn this around before it's too late, I feel like they will take my son away for ever if I don't fight this properly she hasn't been given court orders on custody so isn't it federally illegal according to Texas State penal code chapter 25 section 3 it talks about how both sides should respect visitation rights and in some cases that means if others moved first that person must bring child to the parent who is paying child support with money orders. I'm in a mess and can not afford the thousands that lawyers ask for when trying to fight for my rights as a father, it's kidnapping when my son doesn't have a say so over if he sees me or not and the other parent has more resources at their disposal. I am trying to get a job and get my car legal and go to school and buy a lawyer all out of my own pocket I'm barely 21 and have has zero financial support mentally or physically, I am trying my best to give everything I have and then some and Stay sane and alive what do I do so the courts and possible lawyers my sons mother may have not rip me a new one for nothing. This is and has to be highly unconstitutional for women to trample men that love their children and force them to just be Skype dads the Texas child custody laws are broken and when I asked for my son to be taken from the mother when domestic violence was occurring with a guy she had left me for the cops said we can't do that without warrant how the hell not when there were multiple witnesses of them violently trying to attack me and my mother because we wanted to take my son away from the drugs and drama when my son's mothers sister and father contacted me about the situation and begged me to save my son I am not crazy and not a little kid I am tired of the system catering to woman who have no cooth or respect for themselves or anyone, I was kicked out of an apartment I shared with my son and his mother when I was 17 because I wanted to finish school and get a job like a normal person but my son's mother decided taking drugs and working with her sister as a stripper was a better idea and to kick me out and use me as a paycheck when she refuses to let me see my son and her boyfriends parents having the tools to compromise until I get on me feet they refuse any peace and assume I am trash my mother is from Missouri and my father isn't American I love this country and Texas but I know I am not the only one struggling to get their children back legally and properly, I am tired of being walked on by these people and have had enough please make videos on how to handle custody hearings and fighting as a father with all legal rights.
what if i am acvused of kidnapping charges
We have raised our granddaughter since she was born . Her dad is in prison. Her mom is in Mexico for over a year. Her dad gets out in September. We would like to get custody before he gets out. We have had her for nearly 14 years.
Good night my name is Don I want to know how to get back custody with my children?
How do i get of hold you i have personal questions
Thank you that was very helpful!
Glad it helped, +Sam Snead. :)
I confused? I live in Louisiana and I just had a court hearing but it wasn't infront of the judge. And they he didnt listen to any of the evidence. All they want to keep trying is the "Restart" game. Y'all start fresh, dont worry about the past. I dont have time for restarts. I keep alot of records that helps my case. And honestly my lawyer acts like a public defender instead of a PAID ATTORNEY! When do i get my chance for court with my witnesses?
when you go to trial.
you wont go to trial until you are done with those hearings or all of the mediation attempts. you dont have to try to settle this way but usually it is more cost effective. If you dont like how it is going then just tell them you want a trial. THen you cant use the lawyers you were using for mediation and need to hire a new one for trial.
i need a lawyer ok i am 3 years sober and got my business back and doing amazing and my child yes has blond hair blue eyes white because of his dad but i am native and white he has a tribe they are trying to get around that and they lied saying he was not and she been PROVEN in court that her other brother kids said she crazy but i am in Alaska and hes in Washington? what do i do
Hello Wendy I had a question. After my hearing we had reached an agreement in our custody case. However its been over a month since we had agreed on the temporary agreements which was orally agreed upon. I have received a copy of our agreement and its been over a month since our last court date and the order still hasn't been signed by the judge and our visitation has still not started. Can you make a video where you could clarify why this is? The judge I've had is usually very prompt with getting things signed but all of a sudden its a very big problem. Can you help me get clarification on this?
Sheldon Hall temporary orders & all orders are valid that same day in court even before a formal order is given & signed by a Judge. Get your visitation
What if i never singe at waver but he in her coustdy but i dont think its in her name i was in .my time going by with out my boy. his name is ameir😭😭😭😭😭😭😭😭😭😔😔😔😔😔😔😔😔need help don't no what to do plz how can i start on geting him ...plz help me
Ma’am may I get your Help please
How do you see the judge in action and then him not recognize you at your court date lol ? Like oh i see what you did there
Do you do phone consults
Hello. I have settled assets and debt with my soon to be ex wife, but we are going to trial in August because I am requesting more visits with my 11 and 8 year old sons. Does this advice apply to my case and do I have to bring witnesses and evidence that day, because I wanted to request that the judge appoint legal counsel for my children because she has mentally and emotionally abused them and I want them to have an opportunity to voice that. I am in California and she was the petitioner for the divorce, but in our meet and confer she didn't agree with more visits. Last year in mediation I agreed to the visitation schedule because I did not have a way to get my children to school in the morning, but now I do, and she was not mentally and emotionally abusing them, seeing as we had only been separated for three months. Thank you very much and I hope you can answer my question before my court date in August
I love you
We have sole custody yet we can not get the child returned because a man who claims to be the child's father is in hiding with the child and refuses to return him. Police won't help
YOU NEED GET THAT FIX AND GO COUNTY OFFICE AND CANT SEE WHY COP NOT HELP YOU THAT CRAZY AND THIS SAD
My lawyer did not speak up at court did not prepare me or nothing I did not know what to do and lost custody
Celena Genis They're paid to do that
That happened to me . I'm so lost , my family turned there back on me and they have plenty of $ . But I don't , I was thinking of selling my house to have money to fight in court. If anyone can help or any thing please call me 302 559-8017. I Think I have already lost custody of my son . Anyone that can help out there
The lawyers just thinking how to make us to pay their bills they really don't care, I am sorry I am having a hard time with my lawyer too
Im in the same situation
Celena Genis This is what I'm afraid of. I need to know more about this court stuff.
I'm trying to get legal guardianship of my granddaughter because her mother abandoned her and her father is deceased. I keep filing temporary restraining orders against the mother until I find her to have her served. I am acting as my own attorney and the process is quite confusing. If you could answer a few questions l have.
1. Do I need to complete the FL 407 Order to DSHS to Release CPS Information, if it was never reported to CPS?.
Sorry I pressed the send button too soon.
2. If I find the mom and serve her and she shows up for the hearing, do I need the judge to sign another restraining order for temporary non parental guardianship until another hearing is set up?
3. If she is served and doesn't show up, do I get another temporary restraining order to set a new hearing to submit final documents?
4. If she is served and doesn't show up, will the judge consider a final ruling right there and then?
Thanks for any help you can give me. I watched some of your videos but couldn't find one that pertained to my circumstance and questions. If you have a video that you feel I should watch please tell me. Thank you so much.
I'm currently going through a custody battle and have been watching your videos for learning purposes. They are very helpful. My question is , is can my ex be awarded majority time share with my child because her and her step sister rode in the back of a truck not even going 10mph?? How would a judge take that into consideration? I've never been arrested, never been in any kind of trouble, I've always taken care of my child and I feel like my ex may be awarded majority. Not to mention his dad is an attorney. Which has not helped the situation AT ALL. I need answers .....please help me
Same here I am having the same problem
THE EXPOSED INFO... is for the 1st Hearing or the actually Trial?
iam pro se and wondering, if i have nobdy to examine me to be a witness for my own case how is it that i present myself as my witness?
I think you would just ask the judge that you wanted to speak as a witness and just be put up on the stand and start talking. Or the judge might ask you questions as the witness. I'm not sure though.
An Affadavit. You really need to check out www.youwontlose.com if you're going pro se. It has everything you need step by step from what paperwork to file and where, what to say, everything. Lots of pro se's have beat attorneys and I like how the attorney Dr. Fredrick Graves shows you how to force the judge to enter a verdict even if the judge doesn't like you.
The video stated that during the redirect period you can clarify anything the defense asked you that somehow was not good for you.
is it true that a man is not compelled to DNA testing in an unwed mother case?
hello if i have a custody of my niece so can i bring here in usa she from in philippines thanks?
YOU NEED GO COUNTY OFFICE AND GET FILED AND GO COURT SEE JUDGEAND HAVE A LAWYER
the same way with me celena
expect to be screwed if youre the father.... children revolt!
My dad got custody of me and is a drunk that throws my PC and xbox out of the door when he gets drunk.
Depends on how the parents are acting in cases such as these
When facing a custody hearing should I bring up the use of drugs and alcohol my ex uses on a daily basis ? Even if canibas is now legal eventhough hes always smoked he just now doing it legal and growing plants in his place of home I don't believe it's a safe environment for my 10 year old daughter to be
Can you tell me what happens at a nonevidenciary hearing? That is what I have coming up soon.
Can I plead the 5th?
can i hire you? are u a lawyer
Hi. I have a child custody hearing in 2 weeks. I had mediation last week and I don't think it went in my favor. The mediator asked about my previous CPS cases.. One being abuse ( I slapped my daughter a little too hard one time) . I was charged and taken in but was released the next day. I did a parenting class as directed and the charge was dismissed. When I answered, I said no because I thought she was asking for the child in the case.. And on top of that, I wasn't aware there were 7 as she stated. The last CPS call was in 2012. I am feeling defeated and am worried about going to court. The other party is asking for joint and I'm asking for full because he has abandoned her throughout her life. He was in and out of our lives and he has violent tendencies. Do I have a chance in keeping our 2 year old in my full physical custody?
My daughter is 2 and I would never put my hands on her.. I understand people make mistakes but if my daughters fathers slapped her I’d be freakin pissed!!!!!
I just had mediation & the mediator said she recommends I "The Father" should keep physical custody & mother gets visitations on the weekends . . Now I have the court hearing on the 23rd . . What should I expect from the judge & will it be fast since the mediator made her recommendations already ?
I'm only 22 & I'm in California still learning can someone answer please .
What does the right to possession of the child at all times not specifically awarded in a MSPO mean?
Hi I have a question I always been for my chidren and the father of my kids are never been involved in my kids life also I have protection order against my kids father now my ex husband. Because he can't access to me wants to have parenting time he did not see the kids for 6 months and he got terpudic visit and he visit my kids but the therapist had to end the visit in halftime because he couldn't be a father what do you think is the next step?
I'm scared cuz I'm in high conflict divorce and custody battle abuse and pathological liar in court.
What if the judge is liberal and bias after seeing me once before?
this lady is not right she a step sister and she lieing and i never got served at the correct address when i gave them my address and their lawyer they were just saying give them any address they are braking the law but i have to come up with 25000 bucks 🤔 but i will get the money they think no matter what we don't deserve out kid back because we are in recovery and always will be a recovery addicts but we are clean and will stay clean we are the nicest people u will meet like everyone says
Men it is the state's child and children which are legal fictions on paper only, but they are your living property or offspring. Judges and lawyers speak blacks law only to one another. To us to the general public to the police and to all non bar member court employees they speak websters. Your remedy is on the lawful side, not the public side.
Unsure if 5 yr old son is even mine.signed birth certification
Claim to have file but never got served do i need to STOP and listen to her as to when I can and can't see talk visit with him.
Get a dna test dpne. If you were married you will still have to support that child as it was a result of the marriage when you are married you dont have to sign the certificate because the assume you are the father. Did you claim he may not have been yours at any other time? are you willing to be out of the childs life if he proves not to be your child? YOu can do a dna test at the drug store without letting her know first. See what the results are and then if they come back as not your child then you can go to court and fight that way so you are not surprsed at the results or wasting money fighting a moot point.
My judge gave my ex full custody after he was convicted as child negligence. The judge refused to have mental evaluation knowing my ex grew up abused and always needs psychological treatment since teen. The result is my ex got free to make the child become dwarf.
seeking help dna tests win my children protection
NEED DO DNA TEST FOR MY SON AND GET MY GUARDIAN BACK
here is what to expect, if you are a good father,,,,,, YOU LOSE end of story!
Her desk is too neat to be a lawyer...