Knowing you’re facing a custody hearing that could determine how much you see your kids is a stressful experience. Preparing for a child custody hearing in Red Bank with an experienced attorney could help you obtain a better outcome.
The best time to prepare for a child custody hearing is long before a court date is set. If you know you are facing a potential custody battle in the near or distant future, the best time to begin preparing is now. Below are some tips to help you avoid pitfalls other family law litigants sometimes find themselves in.
If a parent has concerns about the other parent’s ability to keep the children safe, the burden will be on them to prove it. Documenting any evidence, such as photographs of drugs or dangerous behavior, can be a valuable tool to show the court why that parent needs to be limited or supervised.
Keeping track of how much time each parent spends with the child can also be helpful. It is important to know exactly how frequently, or infrequently, one parent sees the children so the status quo can be explained to the court.
When preparing for a child custody hearing in Red Bank, it is a good idea to communicate with the other party in writing as much as possible. When people are facing a fight that puts time with their children on the line, emotions can run high very quickly. Writing things down can help keep things civil, and if the other party is hostile, derogatory, or threatening, it is much easier to prove it if they say things in writing.
Tennessee family courts strongly disapprove of parents who disparage the other parent to their children. If a judge sees a party being disrespectful and rude to the other party, it is not hard to imagine they are also talking about them to the children similarly. An important factor the court considers when determining a parenting plan is the likelihood of a parent helping the child maintain a positive relationship with the other parent, according to Tenn. Code Ann. § 36-6-106(a)(2). No matter how terrible one parent acts, a smart parent preparing for a custody hearing will continue to treat them reasonably and respectfully.
Anyone getting ready for a custody hearing in Red Bank should be aware that everything they say to the other parent and everything they say in public forums (such as social media) could be later reviewed by a judge. It is wise to keep custody battles private and be careful when conversing with the other parent.
Children should not be involved in adult matters, like court cases, even when (or especially when) they are the subject of the case. A parent found to be discussing their custody case with their child would probably be seen as having questionable judgment by the court. Aside from how it would affect a custody hearing, it is an unnecessary burden to place on a child.
Children in Tennessee are protected by Tenn. Code Ann. § 36-6-101(a)(3)(B)(iv), which grants them the right to be free from hearing derogatory comments about their other parent. A parent discussing their custody case with their child would most likely violate this rule.
Only a seasoned attorney can give you qualified legal advice about your specific circumstances and what you can do when preparing for a child custody hearing in Red Bank. A local lawyer will know the Hamilton County Circuit Court and can guide you on pitfalls to avoid.
Schedule a consultation with a qualified legal professional today to get ready for your child custody hearing in Red Bank.