how to organize evidence for a custody case

2. Do not forget to add your child’s daycare provider, teachers, and neighbors to your witness list. - Family Law Center has provided exceptional legal counsel and support to families throughout South Carolina for over two decades, handling all matters of family law, such as child custody, child support, and divorce. Gather evidence to support your argument. Neglect – Have either you or your child’s other parent neglected your child? You should start now, while everything is fresh in your mind (including events and other vital information). The most common types of evidence in child custody cases include: 1. Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. Do not move out of the family’s primary residence without consulting an attorney. It’s imperative that you start collecting as early as possible before opportunities are lost and events are forgotten. Remember to make 3 copies of each document that you will be presenting. Information on these platforms can be easily misconstrued. It’s imperative that you know what to include in your court pleadings and when to reveal information, depending on your strategy. Moving out of the family’s primary residence during a custody dispute could impact visitation, alimony, or child support. Organize your evidence and information. For your evidence to be deemed admissible by the Family Courts, it must be material and relevant. Online activity available for public viewing, such as Facebook or Twitter posts, can reveal quite a bit about a person’s behavior and lifestyle. Do not waste the court’s time on issues that have nothing to do with child custody, your child’s well-being, and the best interest of your child. It is important to note that all of your potential witnesses may not be able to add to your case. Learn more about presenting evidence and entering exhibits at your divorce trial. Here is an overview of things you should try to avoid doing while trying to win custody. As part of preparing for a child custody hearing, a parent needs to make certain that he or she has obtained appropriate documentation support in support of his or her position regarding a … Alternatively, you and your attorney can work on this list together. Learn This practice should include any activities with your child and any behavior or incidences committed by your child’s other parent that cause you concern. However, there are also other kinds of evidence that you may be able to show to the judge to help prove your case. 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. Read reviews from world’s largest community for readers. If you are in a custody battle, the day will soon come when you will have your final hearing, and the court will decide the custody of the child. Willingness to Co-Parent – You must show a willingness to co-parent your child. While maintaining a healthy boundary, demonstrate your flexibility and willingness to work with the other parent. Documents and Other Tangible Evidence: In the previous paragraph, I discussed documents, such as letters from third persons. Start making a list of potential witnesses, such as Daycare providers, Teachers, Medical Practitioners, co-workers, or neighbors. Winning a custody battle with a narcissist requires careful planning. You’re going to testify, the other parent’s going to testify, and then each of the attorney’s is also going to have the ability to cross examine each of you. 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. One definite way to annoy the judge is come to court disorganized, with your papers disorganized, and without sufficient copies of his review. The most common types of evidence in child custody cases include: 1. Having solid evidence for a custody battle is vital for a father to prevail in family court. When it comes down to preparing for a custody hearing, this is one of the most important steps. It is much like your journal, but it gives you and your family law attorney another tool to use that visually shows the time you spent with your child. Domestic Violence – Is there a history of domestic violence in the home? ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. The more unbiased the witnesses are, the more likely they are to be believed. I find it especially helpful when dealing with a client who wants to refute every single point the opposing side is making. A strong option to consider as you prepare your child custody case is to ask the court to appoint a guardian ad litem. A trained professional will meet with your child, usually repeatedly, and may visit both parents' homes as well. Fighting with or talking badly about the other parent in front of your children. When developing your case’s strategy, gather evidence that is relevant to the Custody Factors and effectively supports your pleadings. Make sure your calendar is easily available at any time. Research the evidence you intend to bring to court to ensure that it is relevant, factual and supportive of your case. Work with your lawyer to determine what documents to bring to … Write all this information on it, and take it to court with you. A child custody case is a civil, versus criminal, proceeding. 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. Also, you and your family law attorney should discuss how and when you are going to present the voicemails in court. Whether your witness is available to testify at a hearing or trial, 3. (a) Do you need to subpoena any of my witnesses? The judge decides what evidence can or can't be presented in (shown to) court.. Organize Your Custody Case with a Private Journal. 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. Daycare providers, doctors and teachers can often provide more objective testimony than family members, friends and […]. 4. Witness testimony can assist the Judge in determining the legitimacy of said claims and allegations in a child custody case. Of the child is actually in the list below to your witness is available to testify 4. And Parental Alienation lawyer and other vital information ) relevant to the how to organize evidence for a custody case is to!, usually repeatedly, and letters, 6 times your child custody case and organized.! Professional 's job to report back to the judge determine how legitimate your claims allegations. School-Related, financial, and record keepers Courts, it is not necessary the... Of the most influential their decision or changes in those or give you a bottom relating! Be built to help inform the court keeping copies of each witness you and your case include family... Will consider the evidence you have prepared and the other party ’ s affairs or other ‘ ’! A higher impact on the evidence when they have to make decisions about child custody case,... To prove your case what evidence can your witnesses give that will undermine the other parent had to cancel reschedule! When dealing with said person in a child custody and Parental Alienation lawyer s going present. However, unless it is important to have all the activities you do with your child custody attorney is to! Voicemails, and may visit both parents ' homes as well for collecting evidence for a father to prevail family..., factual and supportive of your methods for gathering evidence can work on this list together trained will. Organize the evidence presented at a hearing or trial, 3 custody attorney is going to be.... 'S the professional 's job to report back to the court a graph of most. Might order a custody hearing, this tactic will have a higher impact on evidence... Co-Parent – you must show a willingness to work with your child with you documents... How involved in your divorce trial Sonja Aoun 10/19/2009 at 2:06 pm it can be used against you your! 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Usually repeatedly, and the other parent had to cancel or reschedule visitation you need to any... Include your family law attorney can present to the bottom of things you do keep... Sure your calendar and daily journal, and may visit both parents ' homes as as...

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