The first custody hearing will establish temporary rules for financial support and where a child will live as the case moves forward. In addition, a family law judge could order mediation, set a trial date, and appoint a guardian ad litem (GAL) to investigate the child’s best interests.
Speak with a Seattle child custody lawyer before you attend an initial custody hearing. Your attorney will answer any questions you have about what happens at the first custody hearing. They will also help you prepare for your custody hearing and avoid mistakes as your legal proceedings get underway.
What Happens at the First Custody Hearing in Washington State?
In Washington State, a first custody hearing is sometimes referred to as a “temporary orders hearing” or “initial hearing.” The hearing focuses on pressing issues in a custody case rather than a final ruling. Some of the things that can happen during a first custody hearing include:
- Defining temporary orders. These will dictate child placement (parenting plan) and child support until a custody case is resolved.
- Proof of service. The petitioner will have to prove that the other party was served with the initial papers.
It can be overwhelming to think about what could happen at your first custody hearing. Fortunately, you do not have to attend your hearing alone.
Ask for help from a Seattle family lawyer who empathizes with you during this challenging time. Your attorney will help you establish realistic expectations for your hearing and guide you through each stage of your case.
How Long Does a First Custody Hearing Take?
A typical first custody hearing will take 15 to 30 minutes, but you may wait longer for your case to be called. If a custody case is complex, additional time could be required for a family law commissioner or judge to review a case and determine the next steps for the parties involved.
Even though an initial hearing is usually brief, the time it takes to settle a custody case will be significantly longer. Months or years can pass from the date the initial papers are filed to when the matter is resolved.
Partner with child custody attorneys as you proceed with your litigation. Your lawyer will teach you about Revised Code of Washington (RCW) 26.16.125, which defines parental rights to child custody.
Plus, your attorney will remain accessible for your initial custody hearing and any that follow it, answering your questions at every step.
Can You Lose Custody of Your Child During an Initial Hearing in Family Court?
Sadly, you could lose custody of your child in your first custody hearing if you are deemed to be an imminent danger to your child or if it is in their best interests not to be in your custody. Below are reasons for immediate loss of custody in an initial hearing:
- Safety concerns: There is evidence of domestic violence, abuse, neglect, or abandonment.
- Substance abuse: There is documented drug or alcohol abuse.
- Mental health concerns: A family court finds that your mental health prevents you from properly caring for your child.
It is rare to lose custody at an initial hearing. Regardless, this can happen at your first custody hearing, so it is important to plan accordingly.
Family attorneys can provide insights into initial custody hearings and what happens at them. On top of that, they can give you information about parenting plans in Washington State and other topics relating to your child custody case.
What Happens After the First Custody Hearing?
Temporary orders can be issued in your first custody hearing, and both parties will have to follow them for the foreseeable future. These orders will detail the child’s residence and how their expenses will be managed until a final ruling is made.
Outside of issuing temporary orders, a family court could order mediation in the hopes that a child custody agreement will be reached voluntarily.
Family attorneys can provide legal guidance and support during your mediation sessions. They can even tell you what not to say in child custody mediation.
In some cases, a family court will have a GAL conduct an investigation. The GAL will learn about a family’s circumstances via home visits, interviews with parents, children, and care providers, and other measures.
From here, they will use the information that they collect to prepare a report and make child custody recommendations to a family law judge.
The Bottom Line on What Happens at the Initial Custody Hearing
You wonder what is going to happen at your first hearing in your child custody case. Instead of attending this hearing by yourself, get child custody attorneys on your side. Your lawyer will attend your initial hearing with you and assist you throughout your litigation.
Dellino Family Law has a legal team in place with more than 180 years of combined experience. If you want information about what often happens at the first custody hearing, we are here to help. Contact us today.
