Follow us on Facebook Temporary Hearings in Divorce/Custody Cases
Monday, 16 January 2012 18:13 Written by David Canale
Most custody and divorce cases proceed to a temporary hearing fairly quickly. It is not unusual for the court in a contested case to receive evidence and testimony and to make an initial ruling based upon the evidence presented at the temporary hearing. However, Georgia law requires that the trial court notify the parties that it intends to rely upon evidence received at the temporary hearing in its ruling after a final hearing. Moreover, it is reversible error for a trial court to rely upon evidence presented at a temporary hearing in making its final custody determination, absent an express notice to the parties. This was most recently seen in the Georgia Supreme Court case of Vaughn v. Davis in that case, the Supreme Court reversed the trial court’s denial of a mother’s pro se change of custody motion, on the grounds that the trial court had relied upon evidence presented at the temporary hearing in making its ruling, without advance notice of its intention to the parties.
This is likely one area of family law that is unknown to persons who represent themselves in a family law case. While individuals are always permitted to represent themselves in court, it is almost always never a good idea for them to do so in a complicated custody or domestic relations case. Custody cases require the expertise and ability of an experienced family law advocate, and the unprepared layperson runs at extreme risk of receiving an adverse ruling, due to their unfamiliarity with legal principles in the court system. One should always have experienced family law advocate in their corner in cases such as these.
Our firm has experienced family law attorneys to represent you. Please contact our office for a consultation on your case.
