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.

Start Now

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

Neglect