Proof Of Custody

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]