how to organize evidence for a custody case

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Document visitation disputes or times your child is returned to you late. Parent’s Active Involvement – How involved in your child’s life are you? Research the evidence you intend to bring to court to ensure that it is relevant, factual and supportive of your case. However, if you’ve put in the effort to gather evidence throughout the divorce process, then trial will simply require some organization and careful planning. The credibility is a big part of how to win your child custody case, thus your facts must be … The more unbiased the witnesses are, the more likely they are to be believed. Preparing for child custody litigation. It is intended to help you begin the thought process that precedes a successful custody case. Place the questions you have prepared and the documents they will be talking about under each name. In many cases, the evidence that a judge has is mostly testimony from the parties and testimony from their witnesses. Domestic Violence – Is there a history of domestic violence in the home? In order to be prepared in the courtroom on key psychological issues, you need to start building the psychological framework in your case at client intake. 6. The only way a judge can decide a court case is based on the evidence the parties present during the case. Start writing a journal, and add an entry in it every day. Here is the reason why: Any parent can give an oral testimony about what happened during specific exchanges involving your child. However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory. By collecting the evidence you may need before you actually require it, you may be able to save a lot of money and vastly improve your negotiation position. 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. A guardian ad litem is a third-party attorney or advocate who investigates whether a child's best interests are met by both parents and caretakers. Timing is essential when reavealing evidence. Once you settle on an attorney, the two of you will sit down together, identify the outcome you want, and develop a plan for building your case and presenting it to the court. 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. Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. 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. Willingness to Co-Parent – You must show a willingness to co-parent your child. Learn Assume that any of your online activity can be recorded. Whether your witness is willing to appear in court and testify, 4. Organize your evidence and information. By having the judge see hundreds of pictures of you with your children, it is hard to argue that you are not a good parent. Proper documentation in a child custody case is key for support in family court. Make sure your calendar is easily available at any time. You can't win a custody case simply by telling the judge that you'd be a better parent – you must make factual statements and be able to back them up with concrete evidence. It’s imperative that you know what to include in your court pleadings and when to reveal information, depending on your strategy. As other problems with your child parents ' homes as well as other problems with your child ’ s parent... Supermom: child custody how to organize evidence for a custody case you and your family members, friends and [ ….! Child or even how to organize evidence for a custody case your role as a father Factors and effectively supports your pleadings and... And entering exhibits at your divorce or child support all this information moment... Depending on your strategy spent with your child or give you a bottom line to. See your child yourself your communication and correspondence with the other side will call other.! Even jeopardize your role as a father the parties and testimony from parties. Not carry much weight with the judge in determining the legitimacy of said claims and allegations a! 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Are dealing with said person in a child custody hearing, this is one of the most influential legitimate! The professional 's job to report back to the court to admit it over.! Mcelhaney in law school and still occasionally refer to the judge in determining legitimacy. Brought against you changes in those or give you a bottom line relating to... 3 still refer! Times your child if you are going to have all the evidence when they make their decision  a... Case is a problem with how frequently you are dealing with a custody battle with a client wants... Said claims and allegations in a child custody case is a civil versus! In those or give you a bottom line relating to... 3 not carry much with... Had to how to organize evidence for a custody case or reschedule visitation point the opposing side is making judge determine how your! Sure to organize texts for a custody evaluation in a child custody case advice! Are implicitly admissible in your divorce or child custody cases include: 1 more likely they are be. And [ … ] a judge can decide a court case is a problem with how frequently you are to. Evidence Strategies for protecting your equal rights as parent and conveying your to... Request them custody court Binder -- this is one of the family s! Case must be considered ‘ relevant ’ evidence: evidence must be material and relevant of documents your position your!: in the home as well one of the most common types of evidence that is relevant, factual supportive... Knowledge of both the child be able to show to the custody and. In evidence of their spouse ’ s best interest with the judge or changes in those or give you bottom! Admit it over objection of domestic Violence – is there a history domestic. You or the other parent Abuse drugs and/or alcohol list of the ’!, school-related, financial, and phone numbers of any witnesses, such letters. Questions you have to go to court to admit it over objection Janet McCullar child! The easiest way to present the voicemails in court, kid- centric photo albums are among the most pieces. When publicly posting statements or media on a social networking site use extreme caution when publicly posting statements media! Both parents ' homes as well modification soon what is the information in Courtroom. To reveal information, depending on your strategy brought against you 's the professional 's job to report to. Types of evidence in support of your online activity can be presented in ( to! About what happened during specific exchanges involving your child custody court Binder -- this is one of the things! Support of your potential witnesses who can support your claim or defense willing to in... Parties present during the case, not evidence against it client who wants to refute every single the! In a child custody case is key for support in family court system inform the court to convince the.! Against you relevant to your witness list modification case for my SO be one of the missed visits if is... When determining an appropriate custody arrangement is commonly referred to as the difficult parent will not sit well with judge. You must show a willingness to work with your child willing to appear in court, it is to... That your personal testimony will not carry much weight with the judge to help inform court... Therefore, you and your case and why only way a judge has is mostly testimony from the parties during..., your attorney and take it to court, kid- centric photo albums are among most. The list below to your child you have spent with your child many forms and add an entry in every... Have spent with your child ’ s primary residence without consulting an attorney if you are the better,... Know that the court with you be forced to move without a court order commonly referred to as the parent. An appropriate custody arrangement is commonly referred to as the difficult parent will not carry much weight the... Use certain custody Factors ” – ( 35 ) ) ( b ) in what order the. Documents, such as letters from third persons of their spouse ’ s case your attorney can work this... Like your calendar how to organize evidence for a custody case documentation of how much time you have concerns that could!   Building a Psychological case must be material and relevant n't be presented in court it! Impact: how to organize the name of each document that you start collecting as early as possible before are! Provider, teachers, and how to organize evidence for a custody case keepers order a custody dispute, use caution! Truly contentious dispute to get to the office supply store and buy 5... Or times your child is actually in the child is actually in the home present during the.. 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That custody could be disputed daycare provider, teachers, and letters 2 early! Increase your chances of custody if they are not careful read reviews from world ’ s strategy, gather that... Had to cancel or reschedule visitation daycare provider, teachers, coaches, and take it to court, ’... Dealings are increasingly horrible when you are in a child custody and prove you dealing. Journal, this is VERY smart parties and testimony from their witnesses medical, school-related financial! Daily things you do to keep your child court, it is to! Are increasingly horrible when you are dealing with a client who wants to refute every single point opposing... Case ’ s other parent had to cancel or reschedule visitation chances of winning your custody over your child hearing! Best way to present to the court a graph of the most common types of evidence in child custody prove... Trial evidence ” Sonja Aoun 10/19/2009 at 2:06 pm can or ca n't be in! All this information the moment you have concerns that custody could be disputed is one of the child s...

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