How To Improve Your Odds Of Winning An Ex Parte Custody Hearing

Posted on: 27 March 2023

An ex parte child custody hearing is a type of hearing where only one party is present and makes a request to the court for temporary custody or a restraining order. These types of hearings can be stressful and emotional, but there are steps you can take to increase your chances of winning the hearing. Here is what you need to do.

Gather Evidence

The evidence you present in an ex parte hearing can greatly impact the outcome. It is important to gather as much evidence as possible to support your case. This can include medical records, police reports, witness statements, and any other relevant documentation.

Hire an Experienced Attorney

Having an experienced attorney by your side can greatly increase your chances of winning the hearing. They can help you navigate the legal process, gather evidence, and present your case in a convincing manner to the judge.

Be Prepared

Before the hearing, make sure you are fully prepared. This means having all of your evidence organized and easily accessible, as well as being ready to answer any questions the judge may ask.

Focus On the Child's Best Interests

In child custody cases, the focus is always on the best interests of the child. Make sure you are able to clearly articulate how your request for custody or a restraining order is in the child's best interests.

Be Respectful

Even if you are feeling emotional, it is important to remain respectful during the hearing. Being rude or disrespectful towards the judge or other parties involved can harm your case and decrease your chances of winning.

Provide Alternative Solutions

If you are requesting temporary custody, it can be helpful to provide alternative solutions if the judge is hesitant to grant your request. This can include supervised visitation or a temporary restraining order.

Be Honest

It is important to be honest and upfront about your situation during the hearing. Any lies or attempts to mislead the judge can harm your case and decrease your credibility.

Stay Focused

During the hearing, stay focused on the issue at hand. Avoid bringing up irrelevant issues or getting sidetracked by emotional arguments.

Follow Up

After the hearing, make sure to follow up with any requests made by the judge. This can include providing additional documentation or attending follow-up hearings.

Winning an ex parte child custody hearing can be challenging, but by following these tips, you can increase your chances of success. For more information, contact a family law attorney near you.