Evidence is the most important part of your custody case. It supports what you believe is best for your child. The evidence you present in court determines whether the judge rules in your favor.
You should start collecting evidence immediately — even before you start a case. A lawyer is best equipped to inform you of the best evidence for child custody, but the following will put you on the right path to building a solid case.
Admissible evidence is evidence you are allowed to present in court. Admissible evidence largely depends on the rules of evidence of your court and the individual details of your case. You'll have to do some research to determine what you're allowed to present.
Inadmissible evidence is evidence you cannot present in family court. For example, hearsay — repeating something you claim another person said — is generally inadmissible. Evidence that is not directly related to an issue in dispute is often inadmissible as well.
The types of evidence discussed here are admissible in most courts.
Your evidence should demonstrate that awarding you custody is in the child's best interests. The following types of evidence can support your case.
Gather official documents to show your parental fitness:
Personal records are created by you. They can show your present relationships with the child and the other parent and how you contribute to your child's upbringing.
Records that can help your case include:
The court will want to know whether you have an established relationship with your child. Photos and videos can help show this.
A few examples of what visuals can prove:
Parents may unwittingly post information that could impair their case on social media.
Social media posts can show:
If you plan on using social media posts as evidence, you'll need to prove they are authentic and unedited. Make sure the person's profile name is visible in any screenshots you take, along with the date.
A custody journal can help illustrate your relationships with the child and the other parent.
In your journal, you can document:
Even if you don't use the journal as evidence, a journal can help you figure out whom to call as a witness and recall events when you go to court.
Witnesses provide context for your allegations. Make a list of reliable witnesses with their names and contact information.
Witnesses can weigh in the following ways:
The judge will want to see that you've thought about your child's future. To prove this, you can:
Once you have the best evidence for your child custody case, you'll need to organize it.
Consider preparing a custody documentation binder to organize your paperwork. A trial binder holds important documents, notes and other evidence you plan to present in court.
Make three copies of each document (one for the judge, one for the witness and one for the other party). Put each document in a clear plastic sleeve to protect it. Use section dividers to organize your paperwork by the following.
The Custody X Change app has many tools to help with your child custody case.
Track your expenses, journal what happens, and record actual time. Print organized, professional documents.
Our parent-to-parent messaging system, which detects hostile language, lets you collaborate without the drama.
Child support is based on parenting time or overnights in most jurisdictions. Calculate time instead of estimating.
Explore options together with visual calendars and detailed parenting plans. Present alternatives and reach agreement.
Get push notifications and email reminders, sync with other calendar apps and share with the other parent.
Write your parenting agreement without lawyers. Our templates walk you through each step.
