What To Expect At Your Texas Child Custody Hearing

In this article, you can discover…

• The documents and evidence to bring to a child custody hearing.
• The questions you’ll likely be asked during a hearing.
• How long a hearing will take, and when you can expect a judge’s decision.

What Documents And Evidence Should I Bring To A Texas Child Custody Hearing?

In every county in Texas, you will have to bring six months of bank statements, two pay stubs, and a W-2 form. Even if you are fairly confident you will not have to pay child support, bring these documents anyway. It may be helpful for a judge to see that you are fully prepared. In addition, bring a monthly budget. What are you earning, and what are you spending your earnings on?

If you and the other parent are parting amicably, no further evidence is needed apart from your memories of how involved you are in your child’s life and how you care for them. But if there are serious issues such as abuse, neglect, or other high conflict issues, bring photos, videos, text messages, and any other evidence that will show the court your concerns.

Ideally, you’ll have shared this evidence with your attorney beforehand so that they can be presented to the court in the most clear, compelling way possible.

What Questions Should I Expect To Answer In A Custody Hearing?

Basic questions will include: “What do you do for a living?”, “How long have you been at your current job?” and “What is your education level?”

Next, you’ll be asked to go over what a day in your child’s life looks like. Who makes breakfast? Who drops your children off at school? Who helps them with their homework? You won’t need a lot of hard evidence to confirm this; so long as nothing is being contested and things are amicable, as you and the other parent will be taken as reliable sources of information about your child’s life and your lives as parents.

However, if there are serious conflicts with the other parent, you will need to bring in evidence of your involvement in your child’s life. And if there are concerns over abuse or neglect, questions will be very specific to the allegations being made, and evidence should be brought to support your claims, as well.

Attorney Travis Granger is a focused, compassionate family law attorney serving Texas. Since 2021, he’s helped parents just like you prepare for custody hearings, ensuring they know what to expect and fighting for their child’s well-being at each step.

Have questions, or in need of legal guidance? Reach out to The Granger Law Firm, PLLC, for an initial consultation today.

Will My Children Be Required To Testify During Our Child Custody Case?

Almost certainly not. While children can technically be brought as witnesses, I have only ever seen that happen in criminal matters where a child was a witness, not in family court cases. Family courts do not want children in court. The divorce has been difficult enough for your child, and having them testify in court would simply mean further trauma.

If your child is 12 years old or older, either parent can request that your child speak to the court. This will be done privately, between your child and the judge in the judge’s chambers. Neither parents nor their attorneys will be allowed to attend, and while you can request a transcript of what was said between the judge and your child, the courts could deny that request.

The goal is to allow this communication to be private, to keep pressure off of your child, and to prevent them from getting caught in the middle of things.

How Long Does The Average Child Custody Hearing Take?

In my experience, custody hearings generally last for an hour and a half to three hours. In some cases, where there are complex issues involving your child, more than three hours may be required.

A trial will take significantly longer, perhaps up to a week, depending on the experts and witnesses (such as a pediatrician or a teacher) who are needed to testify.

How Soon Will A Family Court Judge Make A Custody Decision?

Typically, a judge will come back with a custody decision within 15 minutes, as they’ve been taking notes and coming to their own conclusions throughout the hearing. Recently, however, I’ve had judges come back with decisions after a week. This can be frustrating, but it is still allowed.

In rare cases, a judge may take months to make a custody decision. This is not normal or excusable, and there are legal remedies available to handle that situation.

How The Granger Law Firm, PLLC. Help Me Prepare For A Custody Hearing?

To help you prepare, I’ll generally sit down with you the day before and go over an outline of what I’m going to ask you during the hearing. As we go through the outline, I’ll prod you with specific questions meant to elicit a response that the court will understand and benefit from. The questions can seem tedious or indirect, but it’s important for you to know exactly what I’ll ask and for me to know exactly how you’ll answer.

Conversely, I’ll warn you about how to interact with opposing counsel during cross-examination. I’ll remind you that your spouse’s attorney is not your friend. They are not trying to get answers from you that are favorable. Keep in mind, your aim is not to tell the opposing counsel a story, but to give simple “yes” or “no” answers.

If a question is confusing you or sounds especially negative, rest assured that you will be provided with an opportunity to clarify with my follow up questions. This can help you phrase your answer with care, in a way that is fair to you and to your role as a parent.

Finally, we’ll go over basic objections and how to respond. For example, I won’t use things that others have said as evidence, as that would be hearsay. I’ll also explain that if you hear me object during a response that you’re giving, simply stop talking. I won’t do this to be rude or silence you, but to halt a problematic line of questioning and prevent responses that could give the court the wrong impression.

Still Have Questions? Ready To Get Started?

For more information on child custody hearings in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 800-7394 today.