The most crucial element of your custody case is the evidence. It validates your beliefs about what’s best for your child. Whether the judge rules in your favor depends on the evidence you provide in court.

It is best to begin gathering evidence right away, even prior to filing a lawsuit. The best person to advise you on the best evidence for child custody is a lawyer, but the following will get you started in the right direction toward assembling a strong case.

In family court, what is admissible evidence?

Evidence that you are permitted to present in court is known as admissible evidence. The specifics of your case and your court’s rules of evidence will determine what evidence is admissible in most cases. To find out what you are permitted to present, you will need to conduct some research.

You cannot introduce evidence in family court that is considered inadmissible. Hearsay, for instance, which is the repetition of something you say someone else said, is usually not admissible. Additionally, evidence that has no direct bearing on the matter at hand is frequently excluded.

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

The best kinds of proof in custody disputes

Your proof should show that it is in the child’s best interests to grant you custody. The following categories of proof can help you make your point.

Obtain official documentation to demonstrate your suitability as a parent:

Pay stubs and tax returns are examples of income documentation that demonstrates your stability.
Medical records attesting to your child’s receiving quality care.
Your child’s grades on school reports, which frequently reflect their home life.
Any incidents involving the other parent that are reported to the police.
Private documents.

Your personal records are your creation. They can demonstrate how you contribute to your child’s upbringing and your current relationships with the child and the other parent.

Documents that support your case consist of:

A suggested visitation schedule that indicates your preferred times for exchanging the child.
If you already have a timetable, a record of parenting time that was lost or refused.
An expense report demonstrating your financial support of your child’s needs.
Printed copies of your co-parent’s texts, emails, and other communications.
Call log to demonstrate that you try to communicate with your child.
Images and recordings.
If you and your child have a formal relationship, the court will want to know. Videos and images can be used to illustrate this..

Here are some instances of what images can demonstrate:

The child is in a stable home with you.
You spend time with the child—you might even take them on a trip.
You show up to the kid’s extracurricular activities.
You try to maintain the other parent’s involvement with the child.
Posts on social media.
Unknowingly sharing information on social media that can harm their case, parents can do so.

Posts on social media can reveal:

The conduct of the parent (e.g., regular partying.)
The relationship between parents and children.
The bond between parents.
Revenue (such as posts about significant purchases.)
You will need to substantiate the authenticity and unedited nature of any social media posts you intend to use as evidence. Ensure that the date and the user’s profile name are visible in any screenshots you take.

Journals: You can use a custody journal to document your interactions with the child and the other parent.

You can record in your journal:

Circumstances where you feel the other parent did not act in the child’s best interests.
Relationships with the additional parent.
Spending quality time with the child.
The emotional condition of the child.
The pediatrician’s appointments.
The way the kid behaved.
A journal can assist you in determining who to call as witnesses and in recalling incidents for your court appearance, even if you decide not to use it as evidence.

Testimony of witnesses

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

Witnesses have the following options for weighing:

Written testimony: A first-hand account of an incident that is relevant to the case is written by the witness.
Extrajudicial depositions (A witness testifies outside of court while under oath.)
Live witness testimony: During a trial, you or your attorney can cross-examine witnesses for the other side as well as for your own.
Child testimony in private (A judge speaks with the child to learn about their emotions.)
Character reference letters (Educators, coaches, and other stakeholders provide input regarding your bond with your child.)
Evaluations of custody (A specialist prepares a report after studying the family)
Plans for the child’s future.

The judge will be looking for proof that you have given your child’s future some thought. To demonstrate this, you can:

Create a visitation schedule and parenting plan.
Describe your plan for keeping the other parent updated on your child’s development.
Demonstrate that you can modify your work schedule to accommodate your child or that you have childcare arrangements in place for them.
Arrangement of evidence in a custody case.
You’ll need to arrange your evidence once you have the best evidence possible for your child custody case.

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

Make three copies of every document: one each for the opposing party, the judge, and the witness. To protect each document, place it inside a clear plastic sleeve. Sort your documents using section dividers according to the following.

Court records, or all of the files you have submitted for the case.
Draft of an overview of the evidence you will present in court: opening statements.
Proof (records, images, etc.)
Details about the witnesses (a list of all the witnesses, the questions you plan to ask them, and the documents you will provide them with that are relevant to their testimony.)
Final remarks (a preliminary synopsis of the argument you made.)

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

If you are looking for information on modification of parenting time in Arizona, this post should help! Here we show you how to modify visitation time in Arizona. You can ask the court to modify your parenting time agreement if you can prove that there is enough evidence to show that modifying your parenting time agreement is in the best interests of your child(ren). All you must do to modify parenting time in Arizona is file a Petition for Modification of Parenting Time with the court. You can file a petition for parenting time modifications until your child(ren) turn 18 years of age.  To win your petition, you must establish a substantial and continuing change of circumstances has occurred since issuance of your prior custody orders, and that modifying the orders is in the best interests of the minor children.

Although Arizona law states that you must wait at least 1 year before you can make modify a custody order unless you can prove there is an immediate threat of harm to the child(ren). According to Justia US Law, “No motion to modify a custody decree may be made earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.”

On the other hand, making changes to your parental access schedule can happen at any time. Nearly all judges won’t like seeing parents going back to court repeatedly to request changes in custody orders unless there is a significant change in circumstances which is systemic and ongoing.  Put another way, a one-time occurrence is not sufficient to justify child custody orders, you need a change in circumstances that is systemic and ongoing.

Child custody modifications involve changes to existing custody arrangements or parenting plans. These modifications may be necessary when circumstances change, affecting the best interests of the child or the ability of one or both parents to fulfill their parenting responsibilities. Here’s an overview of child custody modifications:

Reasons for Child Custody Modifications

1. Change in Circumstances:
   • Relocation: One parent may need to move to a different city or state, impacting existing custody arrangements.
   • Change in Work Schedule: A parent’s work schedule may change, affecting their ability to adhere to the existing custody schedule.
   • Remarriage or New Relationships: Changes in a parent’s marital status or living arrangements may necessitate adjustments to custody arrangements.
   • Child’s Preferences: As children grow older, their preferences and needs may change, warranting modifications to custody or visitation schedules.
   • Concerns for Child’s Safety: If there are concerns about the child’s safety or well-being in one parent’s care, modifications may be necessary to ensure the child’s best interests are protected.
   • Substance Abuse or Mental Health Issues: If one parent develops substance abuse issues, mental health concerns, or other challenges that impact their ability to parent effectively, modifications may be required.

Process for Child Custody Modifications

1. Petition or Motion:
   • The parent seeking the modification typically files a petition or motion with the court requesting the change in custody arrangements.
   • The petition should outline the reasons for the requested modification and provide supporting evidence, such as documentation of changed circumstances or concerns about the child’s well-being.
2. Court Review:
   • The court will review the petition and may schedule a hearing to consider the requested modification.
   • Both parents will have the opportunity to present their arguments and evidence regarding the proposed modification.
3. Best Interests of the Child:
   • The court’s primary consideration in custody modification cases is the best interests of the child.
   • Factors considered may include the child’s relationship with each parent, the child’s preferences (if they are old enough to express them), the ability of each parent to provide a stable and nurturing environment, and any evidence of parental misconduct or inability to meet the child’s needs.
4. Mediation:
   • In some cases, the court may require the parents to participate in mediation to attempt to reach a mutually acceptable agreement regarding custody modifications.
   • Mediation can help facilitate communication between parents and reduce conflict, potentially leading to a resolution without the need for a court decision.
5. Court Order:
   • If the court determines that a modification to custody arrangements is in the child’s best interests, it will issue a court order outlining the new custody or visitation schedule.
   • The court order is legally binding and must be followed by both parents.

How To File A Petition For Modification Of Parenting Time In Arizona

Follow the step below to file a petition for modification of parenting time in Arizona.

Step 1 of 1:

The Papers for the Agreement – Court forms and instructions to file a petition to modify a court custody order for parenting time.

Read More About

Child Custody Laws In Arizona

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Modify Parenting Time and Child Support

Emergency Petition To Modify Parenting Time or Child Custody

Arizona courts can also grant an emergency petition to modify parenting time or child custody if one parent or the other raise allegations that indicate the child(ren) are at risk of serious harm. If that happens, the court has the authority to change or eliminate parenting time for that parent until an evidentiary hearing is scheduled. At the evidentiary hearing, both parents will be able to present evidence, testify under oath, and the court will decide whether to keep the emergency order in place, modify it, or cancel it.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]