Preparing to appear before a Family Court Judge

For all its benefits, who longs to go to family court? Appearing before a black-cloaked judge behind his imposing oak or cherry bench, ornately engraved to evoke awe and respect by its traditional workmanship to convey authority, longevity, and formality. Newcomers need to know what to expect when ordered to appear.

The driving principle is the Best Interest of the child standard or doctrine, said law.cornell.edu.

These building principles drive all decisions about custody, visitation, and guardianship, say lawyers.

The goal is to see that the child prospers in every way, physically, emotionally, and mentally. — Williamson County Family Attorney.

There is no presumption in favor of either parent, though favoring the status quo often prevails. — Legal Information Institute.

Simple principles can quickly become complicated by various shifting circumstances of the parents and the child or children.

Child custody

The court officers in a child custody case are the judge, referees, guardians, and litem (GAL), and court-appointed special advocate (CASA), all of whom are tasked with upholding the law and acting in the best interests of the child. They facilitate the administration of justice and aid in making custody determinations.

Judge

The judge is elected not by popular vote to serve on behalf of the child. Candidates are first screened by the Judicial Merit Selection Commission. They are then elected by the South Carolina General Assembly to six-year terms.   

Referees/Masters

Referees are attorneys who hear cases such as child support and report findings, and sometimes make recommendations to the judge, says Custody X Change.

Guardian ad Litem (GAL)

Guardians are appointed to represent the child’s best interests by investigating the home environment and making recommendations to the court, according to South Carolina Legal Services.

CASA

Volunteers are appointed as special advocates who monitor the case and advocate for the child’s needs.

Court reporters/Personnel

Authorized staff who record testimony.

Attorneys

While representing their clients, attorneys are also officers of the court with a duty to assist in the fair administration of justice.

These individuals are not representative of either parent, but rather impartial agents of the court focused on the child’s welfare, says the Peak Law Firm.

There are endless variations in child custody cases, each with different outcomes. We’ll take one case as a sample of what the court does.

Names have been changed.

Jack was accused of murder and later found not guilty.

Because of the charge, he lost custody of his son, not to the child’s mother, who was dead, but to the mother’s sister.

Two years later, when the not guilty verdict came down, the father was released and granted temporary visitation rights that would lead to full custody, but there is court protocol.

Here are the seven required steps: the court must acquire documentation of the acquittal and dismissal of any related charges, the father must file a “Motion for Modification” or “Petition for Custody” in the same Family Court that ordered the removal of the child, address any DSS involvement demonstrating compliance and rehabilitation, Prove Substantial Charge arguing that the acquittal changes the circumstances that originally made the parent “unfit” or caused the removal, the father must then show parental bonding, safety of child, and stability,

Attend a hearing where the judge will review the new evidence, and give the Final Order if the judge finds the father is a fit parent, modifying custody to the father.

Normally, the petitioner pays court fees, but if they cannot afford the fees, he can file a fee waiver, says the SC Bench website.

Trending court complexities

Family court judges are recently managing an unprecedented convergence of high-conflict cases, technological shifts, and systemic resource constraints. These include digital hearings and the rise of “gray divorce”, the dissolution of marriage between older adults.

Mistakes

The biggest mistakes of even “gray divorce” and other legal separations are letting emotions such as anger and guilt dictate legal and financial decisions, which leads to poor long-term outcomes.

The dynamics driving such gray divorces are longer life spans, with unhappy partners realizing that they could have decades left in a hostile relationship. Other factors include punishing a spouse, failing to disclose all assets, neglecting to update beneficiaries, and failing to hire legal counsel, bemoin attorneys because of rapid societals changes..   

The court must keep pace with the ever-changing public landscape of domestic shifting, a new normal following structural changes, and, finally, stabilization.