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.
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