- Toll Free: (561) 540-4533
- lawfirm@shanestafford.com
« Understanding the Florida Wrongful Death Statute
Published at March 1, 2019 by administrator.
If you and your soon-to-be ex-spouse can’t agree on how to share time with your children, you need to know how to prepare for a custody hearing. This blog will help you understand the process and put you in the strongest position to argue your case. Let’s talk about the seven essential steps you should take before the court date.
Your first step should be to read through the child custody laws in Florida. Since legal statutes can often be difficult to understand, the state of Florida also offers Self-Help Centers in each county and maintains resources on the Florida Courts website. You can explore resources to represent yourself, access the courts, and find other essential forms. However, bear in mind that court staff can only assist you administratively and procedurally. They cannot act as your lawyer or give you legal advice.
Child custody law in Florida is based on a combination of factors – legal statutes, prior court decisions, and the general policy and attitudes of the courts. But most importantly, decisions are based on the best interests of the child. In other words, the entire custody decision focuses on the children’s interests – not the parent’s interests.
To help you envision the actual hearing and mentally prepare, here’s what to expect:
Your spouse (and possibly their lawyer) will put you under a microscope. Instead of waiting for them to use your weaknesses as ammunition, be ready to defend yourself. Ask yourself these questions (and get feedback from close friends and family):
Now that you have an idea of what they might use against you, prepare answers about what you’ve learned and how you’re actively working on improving any deficiencies.
Next, prepare your own case. As you think through these questions, be honest and impartial. Stick to the points relevant to their abilities as a parent. Creating a laundry list of your spouse’s failings will not impress the judge. They want to see that your focus is on the children’s best interests, not your need to be right or vindicated.
Now that you’ve evaluated yourself and your spouse, you need to collect and document evidence to support your arguments. Here are a few examples:
You can also invite witnesses such as doctors, teachers, neighbors, or friends who have seen and can vouch for your interaction with your child (or negative interaction by your spouse).
As noted earlier, the judge will likely ask you and your spouse several questions to help them understand what you’ve presented. Be sure to write out your answers, making them brief and compelling. Practice them so you can respond quickly and with confidence. Here are some examples of what a judge might ask:
Courtroom behavior is an important aspect of any child custody hearing. Showing respect for the judge, attorneys, witnesses, and especially your spouse will give the impression you want – that you’re a responsible adult and good parent. Here are a few pointers:
—
Hopefully, we’ve answered your questions about how to prepare for a custody hearing. As you can see, it requires a clear strategy for success. If you’d like experienced legal counsel during this important process, the Stafford Law Firm is ready to assist. We can help you understand your legal rights, develop strong arguments for your case, and ease your mind as you head into the child custody hearing. Contact us for a consultation.
Fill out the form below to receive a free and confidential consultation: