Children's Court | Partial Custody Hearing
A Judge can schedule a partial custody hearing in your case, or it may be scheduled after unsuccessful custody conciliation, or after mediation on petitions to modify and/or enforce partial custody if no agreement is reached. A party requests a partial custody hearing after an unsuccessful conciliation, or mediation if appropriate, by filing a praecipe at the Child Custody Department.
Cases heard by the Partial Custody Hearing Officer (PCHO) involve matters dealing with partial custody/visitation only, or in special cases assigned by a judge, the PCHO may conciliate an interim or special relief matter.In order to proceed to a partial custody hearing, you must prepare and file a pre-trial statement ten days in advance of the hearing date. The original must be filed with the Department of Court Records, a copy must be served on the other side and opposing counsel if represented, and a copy must be delivered to the Custody Department. The pre-trial statement shall include the following:
- A narrative statement of the facts, which will be proven.
- The current custody schedule.
- The name of each person whom you intend to call at trial as witnesses, including experts, and a report from each of the listed expert witnesses. It is important to note that witnesses not listed to testify within the pre-trial statement will not be permitted to do so at the hearing.
- A list identifying all of the exhibits, which you plan to offer into evidence. It is important to note that only exhibits listed within the pre-trial statement will be offered into evidence at the hearing.
- A proposed partial custody schedule and proposed order.