Best Evidence for Child Custody Cases

The most crucial component of your custody case is the evidence. What you think is best for your child is supported. Whether the judge judges in your favor depends on the evidence you provide in court.

Evidence gathering should begin right away, even before you file a case. The best person to advise you on the best proof for child custody is a lawyer, but the following will set you up for success.

In family court, what constitutes acceptable evidence?

The evidence you can use in court is known as admissible evidence. The specifics of your case and your court’s standards of evidence will determine whether evidence is admissible. Finding out what you are permitted to provide will require some investigation on your part.

Evidence that is not admissible in family court is known as inadmissible evidence. Hearsay, for instance—repeating what you believe someone else said—is typically not acceptable. Additionally, evidence that is not directly relevant to a disputed issue is frequently excluded.

The majority of courts allow the kinds of evidence that are covered here.

Evidence kinds that work well in custody situations

It should be clear from your evidence that giving you custody is what’s best for the child. You can use the following kinds of evidence to bolster your argument.

Official records

To demonstrate your parenting fitness, collect official documentation:

Tax returns and pay stubs as proof of income to demonstrate your financial stability; medical records to demonstrate your child receives appropriate medical care; school reports to demonstrate your child’s grades, which frequently reflect their home life; and police reports of any incidents involving the other parent.

Individual records

You are the creator of your personal records. They can demonstrate how you contribute to your child’s upbringing and your current interactions with the youngster and the other parent.

The following documents can support your case:

A suggested visitation plan that outlines the times you would like to switch the child; if you currently have a schedule, a note of parenting time that was skipped or refused; and an expense report that demonstrates how much you spend on your child’s necessities
Printouts of your co-parent’s texts, emails, and other correspondence and a phone call log demonstrating your attempts to communicate with your child
The court will want to know if you and your child have a history together. Videos and images can be used to illustrate this.

Here are some instances of what graphics can demonstrate:

The child has a secure environment, and you spend time with them, such as when you take them on vacation.
You go to the kid’s extracurricular activities.
You try to maintain the other parent’s involvement in the child’s life.

On social media, parents could unintentionally share facts that could harm their case.

Posts on social media may reveal:

Parental conduct (e.g., frequent parties) ● The relationship between parents ● Parental relationship ● Income (e.g., posts about large purchases)
You must demonstrate that social media posts are real and unaltered if you intend to use them as proof. In whatever screenshots you take, make sure the date and the person’s profile name are visible.

Journals: You can use a custody journal to show how you relate to both the other parent and the child.

You can record in your journal:

● Circumstances when you don’t think the other parent behaved in the child’s best interests ● Your interactions with the other parent ● The amount of time you spend with the child ● The child’s condition ● The child’s attendance at doctor’s visits ● The behavior of the child

Testimony of witnesses:

Witnesses give your accusations context. List trustworthy witnesses together with their names and contact details.

Witnesses have the following options for weighing:

● Out-of-court depositions (a witness testifies outside of court while answering questions under oath.)
● Live witness testimony: During the trial, you or your attorney will question both your and the opposing side’s witnesses.
● The child’s private testimony (a judge speaks with the youngster to learn about their emotions)
● Character reference letters (The relationship between you and your child is influenced by teachers, coaches, and others).
● Evaluations of custody (A specialist prepares a report after researching the family.)

Plans for the child’s future

The judge will look for evidence that you have considered the future of your child. You can demonstrate this by:

Create a visitation schedule and parenting plan.
Describe your plan to maintain the other parent’s involvement in your child’s life.
Demonstrate that you can modify your work schedule to suit your child or that you have childcare arrangements for them.
How to arrange the proof in a custody case
You must arrange your child custody lawsuit when you have the greatest evidence.

To arrange your documents, think about creating a custody documentation binder. Important papers, notes, and other evidence you intend to use in court are kept in a trial binder.

For the judge, the witness, and the opposing party, make three copies of each document. To keep each document safe, place it in a clear plastic sleeve. To arrange your documents according to the following, use section dividers.