Question:
My divorce question is about what to expect at a child custody hearing.
I recently filed more a child custody modification based on my ex-wife’s repeated violations of our divorce decree. We are scheduled to go to court for the first time on this matter next week.
What should I expect for the first court appearance? Will the judge just be reviewing the initial complaint and request or will he be looking to review evidence?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide any legal advice on divorce or child custody laws in other states.
It is impossible to know exactly what to expect at the hearing as laws and legal procedures vary by state and court system, and even by judges within the rules of their own courtroom.
Where I practice, there is typically a hearing know as a Motion to Enter Hearing, when the parties appear before the court and discuss how much time they need for trial, how much time is needed to conduct discovery and other legal formalities.
At that time, the parties and the court will agree on a trial date in addition to a pre-trial date and other deadlines that will help the parties navigate the litigation process and keep the parties on track.
I suggest that you contact the judge’s court clerk and ask the clerk what can be expected at the hearing. Court clerks are typically very helpful.
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Furthermore, and perhaps most importantly, I recommend that you contact legal counsel to assist you in obtaining child custody. There are too many pitfalls that can cause you trouble if you do not have counsel, and retaining custody of your child is too important to proceed without counsel.
I recommend that you contact a divorce lawyer near you to schedule a consultation so the attorney can review your decree and provide you specific legal advice on divorce.
Please understand that my opinions are based upon the limited facts that you provided to me.
To set up an appointment with a Cordell & Cordell mens divorce attorney, including Brock Ellis, an Oklahoma City attorney, please contact Cordell & Cordell.