How Can You Prepare for a Contested Child Custody Hearing?
Determining child custody is often emotional, especially during a divorce or separation. While many child custody cases can be resolved through discussion and negotiation, sometimes parents can't agree and the court will need to step in to make a decision. If you're facing a contested child custody hearing, it's essential to know how to advocate for your child in court.
At Abrahamson Law Office, we understand how critical child custody hearings are to the future of your family, and we’re here to guide you through every step of the process. Located in Omaha, Nebraska, our firm provides legal representation in family law cases to communities in Sarpy County, Douglas County, Washington County, Saunders County (Wahoo), Otoe (Nebraska City), and Dodge County (Fremont).
If you’re preparing for a custody hearing in Nebraska, it’s essential to understand the legal standards, gather strong evidence, and create a strategy that secures the best outcome for you and your child.
What Makes a Child Custody Case Contested?
In Nebraska, child custody is governed by determining the "best interests of the child." This means that the court will evaluate various factors to determine which arrangement better supports the child’s overall well-being.
Child custody cases can become contested if one or both parents dispute certain aspects of the custody arrangement and must rely on the court to make a decision. Some common reasons for a contested child custody case include:
Disagreements over parenting time: One parent may feel that they are not getting enough time with their child, while the other may believe that they deserve more time.
Differences in parental fitness: The court will evaluate each parent's ability to provide for their child's physical and emotional needs. If one parent has a history of substance abuse, domestic violence, or neglect, the other may argue that they are not fit to have custody.
Concerns about the child's safety and well-being: This can include concerns about the child's physical or emotional health, as well as issues about their education or upbringing.
Changes in circumstances: Sometimes, a change in a parent's job or living situation can lead to disagreements over custody arrangements. For example, if one parent moves out of state for a new job, the other may argue that this will disrupt the child's life too much and request a modification of the custody agreement.
Remarried and blended families: When one or both parents remarry, it can lead to tensions and disagreements over parenting styles and preferences, as well as potential conflicts among stepsiblings.
In most child custody cases, both parents want what is in the best interest of their child. However, they may have different ideas about what that entails and how it should be achieved. The court's primary concern will be the child's well-being, and both parents will need to prioritize their child's needs over their own disagreements.
Strategies for Preparing for a Contested Child Custody Hearing
Facing a contested child custody hearing can feel overwhelming. However, there are strategies you can use to prepare for the hearing and advocate for the best interests of your child.
Organize Evidence to Support Your Case
Gather all relevant documentation to provide compelling evidence that reinforces your position. While verbal statements and testimony are important, the court will rely heavily on tangible evidence. Below are several steps we recommend taking to gather and organize your evidence and information ahead of the hearing.
Document your parenting role: Keep a detailed journal of your daily interactions with your child, including time spent together, activities engaged in, assistance with schoolwork, and other caregiving responsibilities. This can be useful in showing the court your active involvement in your child’s life.
School and medical records: Obtain copies of your child’s academic and medical records. These documents can demonstrate your engagement in critical areas of your child’s life, including attending parent-teacher conferences, staying informed about their grades, and addressing their healthcare needs.
Communication records: Save any text messages, emails, and call logs exchanged with the other parent. This information may highlight cooperation (or lack thereof) between you and the other parent, which can influence the court’s custody decision.
Gather witness statements: Teachers, coaches, neighbors, or relatives who have observed your interactions with your child may serve as witnesses. Their unbiased opinions can provide the court with a clearer picture of your parenting efforts.
Compiling a well-supported body of evidence can help you present statements that are backed by credible and verifiable facts, which can often have a significant impact on the court’s ruling.
Work with an Experienced Attorney
Attending a contested child custody hearing without an experienced attorney can leave you at a disadvantage. At Abrahamson Law Office, our attorneys are skilled in handling family law cases and will work closely with you to develop a strategy tailored to your unique needs.
We will work with you to assess the strengths and weaknesses of your case, taking into account the available evidence and testimony. During hearings, we’ll advocate on your behalf to make sure your voice is heard and that critical facts are presented clearly. We’ll also help you make sure that all filings, deadlines, and court rules are strictly adhered to.
Prepare for Mediation and Court Proceedings
Before your custody hearing, the court may require that you participate in mediation. Nebraska encourages parents to try to resolve disputes through amicable negotiations, which may then be formalized into a parenting plan. Mediation allows you to collaborate on a solution that minimizes the need for courtroom litigation.
If mediation is unsuccessful, it’s critical to be fully prepared for court proceedings. To enhance the strength of your case during a hearing, consider the following.
Dress professionally and present yourself respectfully in court.
Answer questions honestly and directly without exaggerating or over-explaining.
Avoid negative comments about the other parent unless addressing specific issues that directly impact the child’s well-being.
Practice your testimony in advance by reviewing key points with your legal team.
The way you present yourself in court, in combination with the strength of the evidence, can significantly influence the judge’s perspective.
Focus on the Best Interests of Your Child
Above all, prioritize the well-being of your child throughout the custody hearing. Nebraska courts heavily favor arrangements that allow children to maintain consistent and meaningful relationships with both parents, provided it is safe to do so. Demonstrating your willingness to cooperate with the other parent while maintaining a focus on your child’s best interests will resonate strongly with the court.
Refrain from putting your child in the middle of the dispute or influencing their feelings toward the other parent. Instead, exhibit calmness, patience, and a solution-oriented mindset. This not only supports your case in the eyes of the court but also nurtures your child’s sense of security during an uncertain time.
Child Custody Attorney Serving Omaha, Nebraska
Preparing for a contested child custody hearing may seem overwhelming, but with proper preparation and the support of a knowledgeable attorney, you can approach the process with confidence.
At Abrahamson Law Office, our goal is to help protect the interests of your children while protecting your parental rights. If you're facing a custody dispute or have questions about the preparation process, contact us today to schedule a consultation. Located in Omaha, Nebraska, we proudly serve clients throughout Sarpy County, Douglas County, and the surrounding communities.