A judge hitting a mallet

What to Expect at a Family Court Hearing in Durham

​Child custody battles are often a long, drawn-out process with each one differing somewhat based on family dynamics and other unique circumstances. It is not uncommon for disputes to be negotiated and settled outside of court through the use of consent orders, parenting plans, or separation agreements.  

Sadly, when parents are unable to reach an agreement, child custody disputes require litigation. North Carolina law outlines the basic framework for the litigation process, but local statutes can vary from one county to another, adding additional procedures and requirements. If you have questions pertaining to a family court hearing, talk to a Durham child custody lawyer today.

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Pleadings Phase

Generally speaking, permanent child custody cases begin when one parent files either a motion to modify (if a custody order already exists) or a complaint (to set up custody for the first time). Filing this document initiates what is known as the pleadings phase; the stage of the child custody case where both sides share their claims and responses.

During this phase, the other parent may file a counterclaim to present their own issues. The first parent may then file a reply that addresses these new claims. Additional motions may also be filed, including attorney fees, drug and alcohol evaluations, or requests for temporary custody arrangements.

This stage can take anywhere from 30 days to several months, depending on the number of filings made and whether either parents requests extra time.

Discovery Phase


Once the pleading phase is finiashed, the discovery phase starts.  “Discovery” is the legal process of collecting evidence for a case. It involves both formal and informal ways of obtaining information from the other party or relevant sources. Formal discovery methods include: Interrogatories; requests for admissions; physical and mental examinations; depositions; and requests for production of documents, items, or permission to enter upon land or other property.

Discovery costs can be quite high, and the value it adds will vary with each individual case. As such, you should always be wary of an lawyer who pursues extensive lines of discovery without clearly explaining the potential benefits and costs of each.

Mediation

When a motion to modify or child custody complaint is filed, the court will issue an Order to Attend Child Custody Mediation. Court-ordered mediation is only for the parents of the child in question and one neutral third-party mediator. Lawyers are not permitted to attend mediation sessions with their clients.

In certain circumstance, if good cause is shown, mediation can be waived. “Good cause” includes claims of child abuse or neglect, domestic violence between the parents, substance abuse or severe emotional or psychological problems, undue hardship, an agreement for private or voluntary mediation, or a proving that a parent resides 50 miles or more from the court. If mediation between the parents is successful, the custody agreement will be put into writing and integrated into a court order.  


Besides mediation, local statutes may require parents to fulfill additional obligations as part of their child custody dispute, such as a mediation orientation class and parent education classes. Failing to satisfy these conditions can lead to fines and other penalties.  

Trial

Family figures and gavel on the table


If mediation between the parents is unsuccessful, then they, or their Durham child custody lawyers will begin scheduling or “calendering” the case for trial. By and large, permanent child custody trials last anywhere from a half to a full day, depending on the amount of evidence presented, the number of witnesses that will be called, and the family’s personal history.  After the trial, the judge will issue written findings of fact and create a permanent child custody order based on his findings. 

It is worth mentioning that the term “permanent” is somewhat misleading, as all custody orders can be altered as needed if a marked change in circumstances impacts the child’s health or well-being. Additionally, the custody dispute can be settled at any time or if both parents voluntarily dismisses all of their pending claims or if they reach an agreement and the court enters a consent order. 

Call the Law Office of Stephen E. Robertson, PLLC

Successfully navigating a Durham child custody battle requires a thorough preparation and an understanding of the legal process. From the filing of the initial complaint to attending mediation and possibly going to court, being familiar with each phase of the child custody process can help you defend your child’s best interests more effectively. 

At Law Office of Stephen E. Robertson, PLLC, our Durham child custody lawyers are dedicated to providing skilled and compassionate representation to help your Durham child custody case reach a favorable resolution. Contact us today at (336) 370-6760 or reach out online to schedule a consultation and find out how we can help you.