Family: Establishing Legal Custody - Conducting Yourself in Court

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Legal Aid of North Carolina

When you go to court for your hearing, you should be prepared to present to the judge your argument/case for why you should have custody. Remember that the standard is "best interest of the child." In our experience, it is good to first show why you are best person to have custody before you state why the other person is not. Therefore, in your testimony, focus on what you can offer the child.

To Show Why You Should Have the Child With You:

You will need to show to the judge that you have a stable, secure and safe home for your child.

1.  you can offer your own testimony as to the type of home you have,

2. offer other witness testimony of people who have seen your home,

3. bring pictures of your home.

4. If you can think of other evidence that may show that your home is good and safe, you may bring that also.

NOTE: It will be up to the judge whether to allow the evidence you offer to come in.

To find other Legal Aid of North Carolina materials, including any materials mentioned in this document, go to LawhelpNC.org/. If you need legal help please go to legalaidnc.org/.