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How an Evidentiary Hearing Affects Allocation

By Nottage and Ward on July 31, 2021

Spending time with your children after a divorce can be a difficult process. You may still be in the midst of determining allocation or looking to change your parenting plan, but in either case, you will need to go before a Chicago judge to get a final order. Final orders are only issued after family law courts evaluate every aspect of an allocation case and often require an evidentiary hearing. While this proceeding may sound scary, a skilled family law attorney can you prepare for one and present your case so that you can maintain your relationship with your children.

What Is an Evidentiary Hearing?

Evidentiary hearings are a type of hearing where evidence is presented before family law judges so that they may make a final decision in an allocation dispute. Evidentiary hearings are common in most child allocation cases where there is a dispute or disagreement about who should receive parenting responsibilities. When either side of a case files a motion, a judge will determine if an evidentiary hearing is necessary to make a decision on the matter. There can be multiple evidentiary hearings in a single case all the way leading up to a final order.

A judge may not require an evidentiary hearing if the facts of the case are clear and additional evidence is not necessary or when a matter has already been decided by the court and no new evidence was being presented.

If a judge does require an evidentiary hearing, it grants either side the opportunity to present evidence and live testimony. You may also have the opportunity to question the other side’s witnesses and call into question the validity of any evidence. Based on the evidence presented, a judge may make a final decision about how allocation should be distributed.

Preparing for a Hearing

While commonplace, evidentiary hearings are serious matters and require the expertise of a skilled legal team. At Nottage and Ward, LLP, our Chicago family law attorneys can prepare you for an evidentiary hearing and represent you and your family’s best interests before a judge.

Prior to a hearing, we will go over all potential evidence that can help your case. We can subpoena cell phone records, emails, and important documents that may have an impact on how allocation is distributed. We will also speak to potential witnesses and review their testimony to ensure it supports your case. During the hearing, we will not only skillfully present your side of the case, but call into question the other side’s evidence and testimony. Throughout the entire process, we will advocate for your best interests and work to uphold your rights as a parent.

If you need legal representation in a child allocation case, contact Nottage and Ward, LLP (312) 332-2915 to discuss your situation. We have decades of combined experience in contentious family law matters and can use our expertise to protect your relationship with your children.