Evidence Gathering Essentials

You’re on the right track if you’ve landed here in search of clear, straightforward guidance on how to win your child custody case. We know it’s a daunting time and there are so many other commitments and responsibilities you’re juggling outside of this dispute, so we’ve ensured that the guidance you’ll find in the Evidence Strategies for Child Custody guidebook will pave a clear and confident path forward.

Having solid evidence for a custody battle is vital to prevail in family court. You need to know how to effectively gather evidence that will support your case, what evidence could be used against you, and how to properly organize it for your attorney and court proceedings. Your diligence in collecting evidence can save thousands of dollars, improve your negotiation position, and increase your attorney’s efficiency in building and representing a strong case for custody.

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It’s imperative that you start collecting as early as possible before opportunities are lost and events are forgotten. Start a daily journal, documenting your involvement and daily activities with your child and any concerning incidences or behavior exhibited by the other parent.

Make it Credible

For your evidence to be deemed admissible by the Family Courts, it must be material and relevant. Don’t waste the Judge’s time with issues that don’t concern custody, your child’s best interests, or your child’s well-being.

Types of Evidence

Keeping copies of your communication and correspondence with the other parent is crucial. The most common types of evidence offered in a child custody case include witnesses, journals, emails, text messages, voicemails, letters, photographs, videos, audio recordings, schedules, and records such as financial, medical, school, and police reports. Diligently gather, document, and file this information the moment you have concerns that custody could be disputed.

Witnesses on the stand

Witness testimony can assist the Judge in determining the legitimacy of said claims and allegations in a child custody case. The most influential testimonies come from an unbiased witness that has personal or expert knowledge of both the child and the parents. Start making a list of potential witnesses, such as daycare providers, teachers, medical practitioners, co-workers, or neighbors. It is important to provide your attorney with the names and contact information of your witnesses early on in your case to offer sufficient time for preparation or necessary interviews.

A Child’s Best Interest

Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. The criteria that Family Court Judges use when determining an appropriate custody arrangement is commonly referred to as the “Custody Factors”. Custody Factors express the most common concerns of Family Court.

Custody Factors & Your Strategy

When developing your case’s strategy, gather evidence that is relevant to the Custody Factors and effectively supports your pleadings.

Example of Positive Custody Factors:

Parent’s Active Involvement

Current Physical Custody Schedule

Living Situation and Standards

Willingness to Co-Parent

Example of Negative Custody Factors:

Mental/Emotional Instability

Domestic Violence

Substance Abuse


Common Mistakes

Do not move out of the family’s primary residence without consulting an attorney. Family courts could consider this move as abandonment and it can be used against you and your case. Moving out of the family’s primary residence during a custody dispute could impact visitation, alimony, or child support. You cannot be forced to move without a court order.
Presenting yourself as the difficult parent will not sit well with the Judge. While maintaining a healthy boundary, demonstrate your flexibility and willingness to work with the other parent. Exhibiting a willingness to co-parent is an essential Custody Factor recognized by today’s Family Court system.
Online activity available for public viewing, such as Facebook or Twitter posts, can reveal quite a bit about a person’s behavior and lifestyle. If you are in a custody dispute, use extreme caution when publicly posting statements or media on a social networking site. Information on these platforms can be easily misconstrued. Assume that any of your online activity can be recorded.
Timing is essential when reavealing evidence. Revealing your available or documented evidence to the other parent (and their counsel) is a sure way to expose your custody case’s positioning and strategy. It’s imperative that you know what to include in your court pleadings and when to reveal information, depending on your strategy.

Get the winning
Child Custody Guide Book

The Evidence Strategies for Child Custody guide book offers clear direction on how to gather and organize relevant evidence for your case and covers the most common concerns of Family Court Judges. Missteps during this process can cost you time with your child or even jeopardize your role as a father. If custody over your child is being disputed, every step must be documented. Learn effective strategies for protecting your equal rights as parent and conveying your commitment to your child.

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