Preliminary Hearing


#1

The preliminary hearing gives a limited time for the attorneys to present their respective cases to the judge to see if the case needs to be heard.
NO, children do not go to this hearing or any others that I’m aware of. Yes, you would need to have witnesses subpeonaed and all evidence in hand in case it needs to be presented.
The hearings are held in family court which is open to the public unless the judge has reason to call for a closed session, which is unlikely. Anyone can be in the courtroom, aside from children. I do not think the courts want the children there. It’s not a good idea to have children witness the custody battle. There are a lot of things said in court about each parent that could be detrimental to the child and they will not understand…

For my husband and his ex, their preliminary hearing gave each attorney 30 min to present arguments and question witnesses. There was only one other person besides my husband and his ex questioned and that was a mutual friend. The total time we were in court was less than two hours. They did settle out of court after this hearing because it was evident that custody would not go the way his ex wanted. The judge set temporary custody to remain as it was in their separation until the hearing was set. Since they settled out of court there was never another hearing and their custody agreement they settled on was signed by the judge making it a court order.


#2

Stepmother,
Thank you very much for the info. I really appreciate it.
[:)]


#3

Just to add, in case you do not have an attorney to tell you, when you go to court, dress appropriately. Don’t wear jeans and a t-shirt. Tell the truth. When you are on the witness stand, count to three before you answer any question to give yourself time to process. Ask them to repeat any question that you do not understand. It’s very similar to what you’ve seen on TV, but usually less crowded. Take someone with you that you trust for moral support.
You want to present yourself as the best choice for custody. You want to have your children first in your mind. There are all sorts of things that can be asked during the hearing.
My husband’s ex was asked how many men she had had sex with since their separation 7 months prior. I was subpeonaed to court by her attorney, but I did not have to give testimony. When it comes to the best interest for the child/children, the judge or attorneys can request ANY information from anyone that will be directly interacting with the child/children. What you do on your own time, when the child/children aren’t with you is your own business, but it can show the judge a lifestyle that ultimately affects the child/children. Good Luck and keep us posted.


#4

When a custody case goes to court, there is a Preliminary Hearing??? What does this involve? Do you have to take your “witnesses?” for proof of allegations? Do the kids go to this hearing?

I’m headed to court, and I just read on this site about a Preliminary hearing, and I wasn’t aware that there was such a thing. I’m guessing that it’s just the two ex’s and their attorneys and the judge. Is this correct?

After this hearing, can the parties choose to settle out of court with their attorneys drawing up the papers? Or would it be that once the court proceedings start, you’re there for the duration?

Thanks in advance for your help.