Questions Asked at a Child Custody Hearing

Questions You Can Expect the Judge to Ask During Your Child Custody Hearing

Business executive discussing with her clients
ONOKY - Eric Audras/Brand X Pictures/Getty Images

In a child custody battle, a judge will ask several questions to determine which child custody arrangement, sole or joint custody, will work best for the children involved. Primarily, a judge's main concern is the best interests of the child. The judge will ask a parent several questions during a child custody hearing to determine which custody arrangement serves the child's best interest. Here are some questions that a judge may ask during a child custody hearing:

What is your financial status?

A judge will inquire into a parent's financial status and financial resources because a court has to ensure that a parent is capable of caring for a child's vital needs such as food and shelter. Additionally, child support may be determined in the same hearing or a child support hearing may rely on information used in the child custody hearing. In order to determine child support, a judge will need to determine a parent's income.

What custody arrangement are you seeking and why?

During a child custody hearing, a judge will ask about the type of custody the parent is seeking. There are several different types of custody arrangements including sole or joint custody. A court will prefer a joint custody arrangement, as it serves the best interests of the child. However, if a parent is seeking sole custody, he/she should be prepared to present evidence of why the child's other parent should not have custody of the child.

How is your communication with the child's other parent?

During a child custody hearing, most judges prefer to give both parents custody, as the court assumes that spending time with both parents serves the best interests of the child. In order to grant both parents custody the child, a judge will probably ask about the parents' level of communication with one another.

In a joint custody arrangement, parents will need to communicate about decisions that affect a child's day to day life.

Do you have an existing formal or informal child custody arrangement?

A judge may ask about the current custody arrangement and inquire into which parts of the current arrangement are not working. During a child custody hearing, it is important for a judge to understand the parents' arrangement because the court does not want to interfere with a custody arrangement that seems to be working.

For more information about child custody proceedings, speak with a qualified attorney in your state or refer to the child custody laws in your state.