What should be expected from a pre-trial in family court?
My husband filed for a change in custody of his sons, and we have court this morning. We were both under the impression that this was our actual court date, but his attorney told us yesterday that it was a “pre-trial.”
What does this mean?
What should we expect?
We have been through mediation before, is this different?
Observing members:
0
Composing members:
0
7 Answers
The judge will want to know if there has been any progress towards agreement between the two parents, and if there has been a recent attempt at mediation, or if there have been any recent issues which would necessitate a ruling at this time. The judge would prefer to avoid a trial if possible.
So will it be in a courtroom, or will it be more like a mediation type of meeting where we all sit down together?
The Judge will hear that mediation has failed, and he will talk to each party’s lawyer to determine a trial is necessary. They then will look at their calenders, and set up a trial date.
Family court moves at a snails pace, and the lawyer bills will take advantage of that.
Sorry.
Oh yay, more of the usual.
Be careful what you say. I guarantee that someone has a tape recorder running and you will be taped.
Personally, I think all the pre-trial hearings are designed to soak you for more money. My son went to a ton of them during his divorce. All they did was ask a few lame questions, let the attorneys argue a bit, and then set the next pre-trial date. Every time it cost my son another round of attorney fees – and for nothing.
This one seemed to be alright, we are definitely headed in the right direction.. which is the first time we can say that in a very long time. Thanks for your input.
Answer this question 
This question is in the General Section. Responses must be helpful and on-topic.
Composing members:
0
