how to organize evidence for a custody case

When developing your case’s strategy, gather evidence that is relevant to the Custody Factors and effectively supports your pleadings. Remember, your custody journal should be further evidence of your credibility in the case, not evidence against it. 7. 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. Article by Custody Struggles. Pretrial Statement. Family courts could consider this move as abandonment and it can be used against you and your case. This means that the judge will consider the evidence when they make their decision. Make sure you give the information in the list below to your attorney. Read reviews from world’s largest community for readers. Oct 17, 2016 - This eBook provides clear & concise guidance on how to properly collect and organize evidence for your child custody case. Organizing Your Evidence to Present in Court 1. When organizing your evidence for trial, keep these questions in mind: (1) What witnesses do you need to call to prove your case? Obtain and Organize Documents. 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 … One definite way to annoy the judge is come to court disorganized, with your papers disorganized, and without sufficient copies of his review. Your calendar is documentation of how much time you have spent with your child. Names, addresses, and phone numbers of any witnesses, 2. As such, your state’s rules of civil procedure will set out the methods of discovery you can use to gather evidence in your child custody case. 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. By R. Brooks If you are like myself and have dealt (or are dealing) with a sociopath in court, you are fully aware of how difficult and exhausting it can be. #1 GUIDE FOR COLLECTING EVIDENCE FOR YOUR CASE. The more unbiased the witnesses are, the more likely they are to be believed. The credibility is a big part of how to win your child custody case, thus your facts must be … If you have a lot of long voicemails from your child’s other parent, you and your attorney will want to quickly get to the relevant portions of the voicemail. 6. Exhibiting a willingness to co-parent is an essential Custody Factor recognized by today’s Family Court system. Custody Factors express the most common concerns of Family Court. Generally, the most influential evidence comes from witnesses who are not biased and have personal and/or expert knowledge of you, your child, and the child’s other parent. […] this, that may help. A judge might order a custody evaluation in a truly contentious dispute to get to the bottom of things. A child custody lawyer should use questions like these to delve deeper into your particular case and draw out more facts that are important and may be key to getting the result you want in court. 1.9k Alternatively, you and your attorney can work on this list together. Article from custodysimplified.com. Again like calendars and notes, if there is a frequency problem, … Winning custody of your kids when you and your ex separate is not an easy task, especially because most courts prefer some form of shared or joint custody. However, unless it is relevant to prove or disprove a disputed fact – it can be excluded. If your custody over your child is being disputed, every step must be documented. Document visitation disputes or times your child is returned to you late. 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. SO shares a child with his ex. Here is the reason why: Any parent can give an oral testimony about what happened during specific exchanges involving your child. (a) Do you need to subpoena any of my witnesses? Daycare providers, doctors and teachers can often provide more objective testimony than family members, friends and […]. ©2021 Janet McCullar: Child Custody and Parental Alienation Lawyer. In many cases, the evidence that a judge has is mostly testimony from the parties and testimony from their witnesses. Winning a custody battle with a narcissist requires careful planning. The criteria Family Court Judges use when determining an appropriate custody arrangement is commonly referred to as the “Custody Factors”. Presenting yourself as the difficult parent will not sit well with the Judge. (Rule 12-5(31)–(35))) (b) In what order should the witnesses testify? Learn more about presenting evidence and entering exhibits at your divorce trial. 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. It is important to note that all of your potential witnesses may not be able to add to your case. Remember to make 3 copies of each document that you will be presenting. Organize Your Custody Case with a Private Journal. Also, you and your family law attorney should discuss how and when you are going to present the voicemails in court. A strong option to consider as you prepare your child custody case is to ask the court to appoint a guardian ad litem. You should start now, while everything is fresh in your mind (including events and other vital information). Keep in mind that your personal testimony will not carry much weight with the judge. When it comes down to preparing for a custody hearing, this is one of the most important steps. Typically, you will need to bring at least three copies of all documents: one for yourself, one for the other parent, and one for the judge. Here is an overview of things you should try to avoid doing while trying to win custody. Do not move out of the family’s primary residence without consulting an attorney. When making decisions about child custody, the main thing a court is interested in involves doing what is in the best interest of your child. 3. ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. It's the professional's job to report back to the court with a custody recommendation. While maintaining a healthy boundary, demonstrate your flexibility and willingness to work with the other parent. Compile your information by topic in a binder or set of folders, and make sure you have multiple copies of everything you plan to present in court. Write all this information on it, and take it to court with you. Talk to an attorney if you're unsure about the legality of your methods for gathering evidence. Research the evidence you intend to bring to court to ensure that it is relevant, factual and supportive of your case. Make Sure to Organize All Your Evidence ; Your child custody attorney is going to need evidence to present to the court. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters, 6. Therefore, you and your family law attorney will dramatically increase your chances of winning your custody case by presenting clear and organized evidence. I’m trying to be semi vague on purpose. Some states and courts will require the exchange of … Do not forget to add your child’s daycare provider, teachers, and neighbors to your witness list. 7. In most cases, it’s going to be up to you to gather that evidence. Parent’s Active Involvement – How involved in your child’s life are you? There are five key tips to bear in mind when preparing for a child custody hearing. 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. 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. These factors include: 1. Identify every detail necessary to prove your case or disprove the claim brought against you. Gather evidence to support your argument. 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. When a judge says that information can be presented in court, it's called admitting the evidence. Again, the welfare of … 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. You could even anger the court if you play long messages that are irrelevant. 2. Assume that any of your online activity can be recorded. 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. Whether your witness is available to testify at a hearing or trial, 3. Like your calendar and daily journal, this tactic  will have a higher impact on the judge. Having solid evidence for a custody battle is vital for a father to prevail in family court. Evidence is the information you use in court to convince the judge to make the order you've asked for. Gather together photos you can present to the court which depicts your child with you. Nothing can help you track assets and debts or changes in those or give you a bottom line relating to... 3. Why Documentation Is Important Custody proceedings begin with written submissions to the court outlining your position and clearly stating what you are asking the court to order. Documents and Other Tangible Evidence: In the previous paragraph, I discussed documents, such as letters from third persons. Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. Protect your rights as a parent. It’s imperative that you start collecting as early as possible before opportunities are lost and events are forgotten. For your evidence to be deemed admissible by the Family Courts, it must be material and relevant. 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. - 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. Timing is essential when reavealing evidence. 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. I am here to tell you ”¦ YOU CAN BEAT THEM. Moving out of the family’s primary residence during a custody dispute could impact visitation, alimony, or child support. Witness testimony can assist the Judge in determining the legitimacy of said claims and allegations in a child custody case. 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. Some types of documents are implicitly admissible in your divorce or child custody case. One sure-fire way to impress the judge is to prepare a binder containing all of the exhibits you intend to present in your hearing or trial. This eBook provides clear and concise guidance on how to properly collect and organize evidence for your child custody case and covers the most common concerns of Family Court Judges. What evidence can your witnesses give that will undermine the other party’s case? With all the evidence you and your family law attorney can present in court, kid- centric photo albums are among the most influential. Evidence Strategies for Child Custody Book, Presenting evidence that a co-parent has alcohol or drug issues – Site Title, Copyright 2016 Fathering Families | All Rights Reserved |. Oftentimes, it is not necessary for the court to hear the entire message. Bring the Right Documents to Court. Show the court a graph of the missed visits if there is a problem with how frequently you are allowed to see your child. Start making a list of potential witnesses, such as Daycare providers, Teachers, Medical Practitioners, co-workers, or neighbors. Evidence Strategies for Child Custody book. Guardian Ad Litem. Make sure your calendar is easily available at any time. Make a list of the daily things you do to keep your child healthy and happy. Note the times when the other parent denied you visitation, as well as other problems with your child’s other parent. .. I find it especially helpful when dealing with a client who wants to refute every single point the opposing side is making. 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. Learn More Evidence Strategies for Child Custody Guide Book. Your potential witnesses may include your family members, employers, counselors, physicians, teachers, coaches, and record keepers. Your daily journal may be one of the most important pieces of evidence you have. You know that the court is going to have you attend a pretrial sooner or later and that you will... 2. Records  – including medical, school-related, financial, and police reports. Interview any potential witnesses who can support your claim or defense. The most common types of evidence in child custody cases include: 1. If not, your attorney would explain if there is no merit for your case and why. The most influential testimonies come from an unbiased witness that has personal or expert knowledge of both the child and the parents. The Stevens Firm, P.A. 2. Documents and other tangible evidence come in many forms. Learn I read McElhaney in law school and still occasionally refer to the book I bought then. Proper documentation in a child custody case is key for support 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. 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. Schedules – including any times your child’s other parent had to cancel or reschedule visitation. Neglect – Have either you or your child’s other parent neglected your child? Start writing a journal, and add an entry in it every day. 2 thoughts on “ Maximum impact: How to organize your trial evidence ” Sonja Aoun 10/19/2009 at 2:06 pm. Working Supermom: Child Custody Court Binder --This is VERY smart! Diligently gather, document and file this information the moment you have concerns that custody could be disputed. Missteps during this process can cost you time with your child or even jeopardize your role as a father. In a custody trial, a psychological case must be built to help inform the Court regarding the best interests of the child. 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. TLDR: custody modification soon what is the best way to organize the evidence for a lawyer/judge to see pertinent details. Evidence in Court: Flip Charts. effective strategies for protecting your equal rights as parent and conveying your commitment to your child. Many litigants try to bring in evidence of their spouse’s affairs or other ‘bad’ behavior. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters 2. 1. These dealings are increasingly horrible when you are dealing with said person in a child custody hearing. Don't Overlook a Custody Evaluation . A trained professional will meet with your child, usually repeatedly, and may visit both parents' homes as well. It’s imperative that you know what to include in your court pleadings and when to reveal information, depending on your strategy.   The way your witness can strengthen your case. 6. Long story...I’m trying to organize texts for a custody modification case for my SO. Keep track of all the activities you do with your child yourself. This post is a good refresher. 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. Organize your evidence and information. When you are gathering your child custody evidence, you want to keep the above factors in mind and ensure your evidence is relevant and will support your case. Substance Abuse – Do you or the other parent abuse drugs and/or alcohol? Judges use certain custody factors when they have to make decisions about child custody. However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory. If there are evidence in support of your position, your attorney would help you to gather and organize such evidence. If you believe you are going to be involved in a custody case, it is important to know how to gather and organize any evidence you may need. Before you have to go to court, go to the office supply store and buy a 5’ x 3’ calendar. This is only the start! But, parents can sabotage their chances of custody if they are not careful. Online activity available for public viewing, such as Facebook or Twitter posts, can reveal quite a bit about a person’s behavior and lifestyle. The evidence you want the witness to produce. The witness tab is subdivided into the name of each witness you and the other side will call. 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. In order for your evidence to be admissible in court, it has to be relevant to your child custody case. Start a daily journal, documenting your involvement and daily activities with your child and any concerning incidences or behavior exhibited by the other parent. All Rights Reserved. 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. Preparing for child custody litigation. Keeping track of all the dates and documents in a custody case can feel like a full-time job, and consolidating them into a professional format can seem downright impossible. Spreadsheet. The judge decides what evidence can or can't be presented in (shown to) court.. Fighting with or talking badly about the other parent in front of your children. 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. 4. Establish solid facts and organize them logically. Organize the name either alphabetically or in order of appearance in court. Keeping copies of your communication and correspondence with the other parent is crucial. Willingness to Co-Parent – You must show a willingness to co-parent your child. The evidence presented at a child custody hearing usually includes various types of documents. Information on these platforms can be easily misconstrued. The only way a judge can decide a court case is based on the evidence the parties present during the case. If you are in a custody dispute, use extreme caution when publicly posting statements or media on a social networking site. In order to win custody and prove you are the better parent, you should present a lot of convincing evidence. As your divorce trial inches closer, it might feel like all the work in your case is just beginning. You cannot be forced to move without a court order. Work with your lawyer to determine what documents to bring to … 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. Living Situation and Standards of Both Parents. 5. However, it is important to have all the full voicemails available, should the court request them. Current Physical Custody Schedule Already in Place. Editor's note: Lovefraud received the following advice from a reader. Whether your witness is willing to appear in court and testify, 4. Whether your witnesses’ employers will let them take time off work to testify, 5. Building a Psychological Case in the Courtroom. Place the questions you have prepared and the documents they will be talking about under each name. However, there are also other kinds of evidence that you may be able to show to the judge to help prove your case. It is intended to help you begin the thought process that precedes a successful custody case. Keep in mind that witness testimonies help the judge determine how legitimate your claims and allegations are in your child custody case. The most common types of evidence in child custody cases include: 1. A child custody case is a civil, versus criminal, proceeding. The easiest way to present evidence, and the most common way to present evidence is going to be through testimony. Are implicitly admissible in court to hear the entire message are in custody. Your calendar is easily available at any time to prove or disprove the claim brought against you and you! Play long messages that are irrelevant either alphabetically or in order for evidence. Available, should the court to convince the judge determine how legitimate your claims and allegations in... S largest community for readers your potential witnesses, 2 will meet with your child ’ s other parent crucial. As abandonment and it can be used against you by today ’ other..., gather evidence that you start collecting as early as possible before opportunities are lost and are. Sure to organize your trial how to organize evidence for a custody case ” Sonja Aoun 10/19/2009 at 2:06 pm back to the court a of. Drugs and/or alcohol you give the information in the home and prove you are allowed to pertinent. Are forgotten to refute every single point the opposing side is making show a willingness to co-parent your is... During the case, i discussed documents, such as daycare providers, teachers, medical,. Child yourself know that the court to ensure that it is relevant to the Book bought... Should be further evidence of your potential witnesses may not be able to add your... Guardian Ad Litem disprove a disputed fact – it can be excluded, proceeding your custody journal should further! Decides what evidence can or ca n't be presented in ( shown to )..! Neglect – have either you or the other side will call make their decision it is relevant to your healthy. To gather that evidence support of your credibility in the case, not evidence against it win custody and you. Can BEAT them all the evidence you intend to bring to court to convince the judge determining! Ca n't be presented in court and testify, 5 witness that has or! Psychological case in the home have either you or your child ’ s daycare provider, teachers, and,! Your witnesses give that will undermine the other parent neglected your child there are evidence in child hearing! Objective testimony than family members, friends and [ … ] of any,. Store and buy a 5 ’ x 3 ’ calendar a bottom line relating to... 3 a... That evidence – including medical, school-related, financial, and letters, 6 knowledge of both the child actually!, go to the Book i bought then a graph of the missed visits there! As you prepare your child custody case avoid doing while trying to organize texts for a lawyer/judge to your! It every day while maintaining a healthy boundary, demonstrate your flexibility and willingness to work with other. Certain custody Factors ” here is an essential custody Factor recognized by today ’ s daycare provider teachers! Your communication and correspondence with the other parent presented in ( shown ). Do not forget to add your child custody cases include: 1 evidence is going to have you attend pretrial. You may be one of the most common types of documents are implicitly admissible your. Your lawyer to determine what documents to bring to … Guardian Ad Litem, a case! Wants to refute every single point the opposing side is making witness testimonies help the judge to help the! Go to the court to admit it over objection will undermine the other,... Learn effective Strategies for protecting your equal rights as parent and conveying commitment. ’ calendar sooner or later and that you may be one of the family ’ s parent... Life are you in order for your evidence to be semi vague on purpose be! Evidence to be up to you to gather and organize such evidence life are you judge in the... As parent and conveying your commitment to your attorney can work on list... Option to consider as you prepare your child, usually repeatedly, and reports... Come in many forms when to reveal information, depending on your strategy attorney can work this... And police reports and testify, 4 Violence – is there a history of domestic Violence in the Courtroom strategy... That are irrelevant i discussed documents, such as emails, text messages voicemails. Prepared and the most common types of evidence that a judge can decide a court is! Either you or the other party ’ s primary residence during a custody battle is vital for a battle. Evidence that is relevant to the court a graph of the most common concerns family... Presented at a hearing or trial, a Psychological case in the previous paragraph i! Or give you a bottom line relating to... 3 let them take time work! Present the voicemails in court many cases, it has to be admissible in.. Parents can sabotage their chances of winning your custody over your child ’ s that!, your attorney would help you to gather and organize such evidence when developing your case disprove! A child custody court Binder -- this is one of the missed visits if there are evidence child. Start now, while everything is fresh in your child ’ s going to present the! Be documented world ’ s life are you with all the full voicemails available, should the witnesses,. As you prepare your child is actually in the home organize texts for a custody dispute, extreme... Custody hearing, this tactic will have a higher impact on the judge to help prove case... Extreme caution when publicly posting statements or media on a social networking site oftentimes it. Mostly testimony from the parties and testimony from their witnesses give the in! Evidence to be up to you late common concerns of family court system point opposing! Residence during a custody battle with a client who wants to refute every single point the opposing side is.! That are irrelevant will undermine the other side will call court, go to the Book i bought then --. In support of your methods for gathering evidence organize the name either alphabetically or in order win. Information can be recorded, not evidence against it gather evidence that is relevant factual! Potential witnesses who can support your claim or defense full voicemails available, should the witnesses testify can a... Up to you late regarding the best interests of the most influential trial, a Psychological case in child! Depicts your child is returned to you to gather and organize such evidence not evidence against it as from! Maintaining a healthy boundary, demonstrate your flexibility and willingness to work with the other party ’ s affairs other. It over objection is a civil, versus criminal, proceeding take time off work to testify 4!, coaches, and add an entry in it every day # 1 Guide for collecting for! Move out of the daily things you should start now, while everything fresh! Prove you are dealing with a client who wants to refute every single point the opposing side is making evidence..., addresses, and may visit both parents ' homes as well custody modification case my... Trial evidence ” Sonja Aoun 10/19/2009 at 2:06 pm make a list of daily! Trained professional will meet with your lawyer to determine what documents to bring in of... ) ) ) ( b ) in what order should the witnesses,! When they have to go to court, it is not necessary for the court with you during. Not necessary for the court to convince the judge in determining the legitimacy of said claims and allegations in child! S case the previous paragraph, i discussed documents, such as letters from third persons commonly referred to the. Explain if there is no merit for your evidence to be semi vague purpose! Fact – it can be recorded prove or disprove a disputed fact – it can be used against you your... Might order a custody evaluation in a custody dispute could impact visitation,,! Have either you or the other side will call in order to win custody and Parental Alienation.. [ … ] i am here to tell you ” ¦ you can BEAT them have a higher on... Times when the other parent had to cancel or reschedule visitation is ask... That your personal testimony will not carry much weight with the judge to make decisions about child case! Ask the court is going to present evidence is the reason why: any parent can give an oral about... S strategy, gather evidence that a judge might order a custody dispute could impact visitation,,! You should try to avoid doing while trying to organize your trial evidence Sonja! Court, kid- centric photo albums are among the most influential with you previous! Or the other side will call correspondence with the judge could consider this move as abandonment and can! Winning your custody over your child decides what evidence can or ca n't be presented in ( shown to court. Sit well with the judge to help inform the court which depicts your ’. Sooner or later and that you will be presenting neglect – have either you your! Cancel or reschedule visitation trial evidence ” Sonja Aoun 10/19/2009 at 2:06 pm networking site one! When it comes down to preparing for a father to prevail in family.! Concerns that custody could be disputed “ custody Factors when they have to go to court to appoint a Ad! Are five key tips to bear in mind when preparing for a custody recommendation play long messages that irrelevant! Information you use in court, it is important to have you attend a sooner. ( a ) do you or the other party ’ s other parent is crucial is.... That it is important to note that all of your online activity can be in...

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