Evidence Essentials

Having solid evidence for a custody battle is vital for a father to prevail in family court. Fathers need to know how to effectively gather evidence that will support their case, what evidence could be used against them, and how to properly organize it for their attorney and court proceedings. A father’s diligence in collecting evidence can save thousands of dollars, improve their negotiation position, and increase their 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 includes 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 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 Custody Factors:

  • Parent’s Active Involvement
  • Current Physical Custody Schedule
  • Living Situation and Standards
  • Willingness to Co-Parent
  • Mental/Emotional Instability
  • Domestic Violence
  • Substance Abuse
  • Neglect


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Common Mistakes

Moving Out
Being Uncooperative
Social Media Misconduct
Revealing Evidence Too Soon


Document Evidence

This is only the start! For detailed guidance on how to efficiently gather evidence and develop a winning strategy, read the Evidence Strategies for Child Custody guide book, currently available for purchase.

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Evidence Strategies for 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 your 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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