Hearing PreparationArticle

What to Expect in Family Court

By DadsFight3 min read
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Demystifying the Courtroom

If you've never been to family court, the unknown is the scariest part. Here's exactly what happens so you can walk in prepared.

The Courtroom Layout

  • Judge's bench: Elevated desk at the front. The judge sits here and controls everything.
  • Witness stand: Next to the judge. Where people sit when they testify under oath.
  • Clerk's station: Near the judge. Handles paperwork, exhibits, scheduling.
  • Court reporter: Records everything said (in courts that use reporters).
  • Bailiff/marshal: Security. Stands near the entrance or the judge. Maintains order.
  • Counsel tables: Two tables facing the judge. Petitioner (person who filed) typically sits on the left; respondent on the right.
  • Gallery: Seats behind the bar (divider) for observers. Your supporters sit here.

Who's Who

  • Judge: Makes all decisions. Address as "Your Honor." Always.
  • Opposing counsel: The other parent's attorney. They're doing their job. Don't take it personally.
  • Guardian Ad Litem (if appointed): The child's representative. May sit at a separate table or with one party.
  • Court clerk: Manages case files and scheduling. Your go-to for procedural questions outside the courtroom.
  • Bailiff: Will tell you to rise when the judge enters and give basic instructions. Follow them.

Types of Hearings

Initial/Temporary Orders Hearing (15–30 minutes)

The first hearing, usually about temporary custody and support arrangements while the case is pending. Quick, focused, limited testimony.

Status Conference (5–15 minutes)

A check-in with the judge. Are both sides complying with orders? Is the case moving forward? Any issues to address?

Motion Hearing (15–60 minutes)

When one side files a motion (request for a specific order). The moving party presents their argument, the other responds, the judge rules.

Mediation

Not technically a hearing. A neutral mediator helps both parties reach an agreement. If agreement is reached, it's presented to the judge for approval. If not, the case proceeds to hearing.

Evidentiary Hearing / Trial (1 hour – multiple days)

The full presentation of evidence, witnesses, and testimony. Both sides present their case. The judge issues a final ruling on custody, support, and other issues.

What Happens at a Typical Hearing

  1. Check in with the clerk: When you arrive, check in at the clerk's window or with the bailiff. Let them know you're present.
  2. Wait for your case: Courts may have multiple cases on the calendar. You may wait an hour or more.
  3. Your case is called: The clerk or judge announces your case number and names.
  4. Opening statements (if applicable): Brief overview of what each side intends to show.
  5. Petitioner presents first: Testimony, evidence, witnesses.
  6. Respondent presents: Your turn. Testimony, evidence, witnesses.
  7. Rebuttal (if allowed): Brief response to the other side's presentation.
  8. Judge rules: May rule from the bench (immediately) or take it "under advisement" (decide later and mail the order).

Time Limits

Judges have heavy caseloads. Typical time allocations:

  • Temporary orders: 15–30 minutes total
  • Motion hearings: 15–60 minutes
  • Trials: Scheduled in advance (half-day or full-day blocks)

Be concise. Lead with your strongest points. Don't waste time on minor issues.

What NOT to Do

  • Don't bring your children: This is not their place. Arrange childcare.
  • Don't bring a crowd: One or two quiet supporters are fine. An angry entourage is not.
  • Don't react to testimony: No eye-rolling, sighing, head-shaking, or outbursts.
  • Don't argue with the judge: Even if you disagree. Say "Yes, Your Honor" and address it through proper channels later.
  • Don't be late: There is no excuse the judge will accept.

Resources

  • Nolo.com Family Law — detailed legal information for self-represented litigants
  • Family Law Self-Help Center — forms, guides, and courtroom preparation
  • Your county court's website — local rules, procedures, and courtroom locations

Next Steps

  1. Visit your courthouse before your hearing date — find the courtroom, parking, restrooms
  2. Read our Courtroom Etiquette guide for detailed behavior guidance
  3. Prepare your evidence binder (see our Evidence Binder guide)
  4. Arrive 30 minutes early on the day of your hearing
  5. Breathe. You've prepared. Trust the work you've done.

This information is for educational purposes and is not legal advice. Always consult a qualified attorney for your specific case.

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