child custody trial considerations

You think you want a child custody trial but you might not – Family law can be very time consuming, complicated and stressful for everyone involved. This becomes particularly true when there are children involved in the process.  This makes sense given the well-being of their children is the most important thing to most parents.  In a child custody matter other than a dismissal the only two ways for things to end are for the parents to agree or through a child custody trial.


We have many clients who cannot agree on things and they wind up in a child custody trial ends up being a lot different than they expected.  This is because though many people think they want a child custody trial, they don’t really want what comes with it.  In this blog we will talk about that.  Like all of our blogs this is intended for general informational purposes only and not intended as a substitute for the advice and counsel of a family law attorney.

What happens in child custody trials

In a child custody trial both parties get the opportunity to present their cases for why they would make a good parent for their child.  A judge listens to the all the evidence presented and decides what is in the best interest of the child.

Everything is a matter of public record forever

One of the things people are no very well prepared for is the fact that everything that is presented in court in a trial is a matter of public record forever. This includes all testimony and all evidence that is presented.  These trials are recorded and generally, transcripts are available to anyone who requests access to them. 

Given the public nature of the proceeding, considering settling a child custody matter may be in the best interest of everyone.  We will delve more into this below.

Unfortunately, it tends to get ugly

Though it is not the way the process is intended child custody trials often become mudslinging contests.  Parties often attempt to elevate their status and value as a parent by attempting to dismission the other parties’ status and value as a parent. 

The most efficient way to do this in the mind of some people is by attacking and exposing every character flaw that they are aware of. The deepest and darkest secrets tend to come out, past mistakes tend to come out, and past poor decisions tend to come out.  This is done even when the stories are not relevant, and though the judge should not consider anything that is not relevant, whatever is said still remains on the record forever.

Though trials are sometimes unavoidable, careful consideration should be given before being a party to one.

Family law can be complicated and it often requires professional help. If you are in need of a family law attorney in Charlotte, North Carolina or the surrounding areas, contact us.

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