Legal Question in Family Law in New Jersey
What Happens At a Custody/Support Hearing?
I initiated a filing for child support/custody/medical continuation/spousal support against my wife who left me and my 2 sons 6 months ago to live with a married man. What actually occurs at the hearing? Is it true that you don't need an attorney because if you do have one in attendance they don't actually ''speak'' for you so you'll have to defend yourself anyway? Don't the mediators or judges simply look over all of the legal forms you've filled out and make a decision based on that? I'm sure that my wife will cart along her new boyfriend which will automatically cause me the fear of having this hearing turn into a shouting match between my wife, her boyfriend and myself!
2 Answers from Attorneys
Re: What Happens At a Custody/Support Hearing?
Judges maintain the dignity of their Courtrooms and there will be no shouting matches.
Oral argument on a motion typically involves only the attorneys arguing your case to the Judge. However, the papers containing the bases of their argument contain hearsay. In other words, the papers contain out-of-Court statements offered for their truth.
If the opposing papers are in agreement as to key facts, Judge can make decisions without requiring a hearing. If they are conflicting, there must be a plenary hearing.
At the hearing, witnesses are sworn and they give testimony. They are examined and cross-examined.
It has been my experience that many Judges are aggravated by pro se parties and many of the potential clients calling in to our offices are those who sought to represent themselves and, having done so, made an absolute mess of things.
Lawyering is a profession and not merely a trade. It requires a doctorate at the minimum, successfully passing a difficult Bar examination, and keeping up with continuing legal education. The profession comes with duties of professional responsibility.
Abraham Lincoln, an attorney, once said that a lawyer who represents himself has a fool for a client. Take heed.
Re: What Happens At a Custody/Support Hearing?
Attorneys are hired to protect precious things liberty, money, privileges like driving a car and children from an unfit parent because there is always the chance that only an attorney can deal with an unexpected situtation which appears in a court room. Of course, bad things do happen to good people, especially when they are not on their guard. 800 273 7933