Good Evidence – What Helps Your Custody Case

 In a divorce or paternity action, parents often disagree about the amount of time spent with their child. If this is happening to you, an attorney can help by working with you to present evidence (testimony, documents, etc.) to persuade the judge that your position is how he or she should rule.
The first piece of evidence that will assist you is a journal. Any time you believe the other parent is not acting in your child’s best interest, write down the date of the incident, what happened, and who else witnessed it. There are three reasons for this:
1. Your attorney will be able to use the journal for your declaration, a written statement made under oath and attached to your paperwork, which allows you to tell the judge all of the facts supporting your position. The journal will have more details about any incidents which will be more persuasive to a judge than general statements.
2. A journal can provide a list of potential witnesses who can support your claims by providing declarations, and they may be asked to testify for their statements to be considered by the Court.
3. You can also use the journal to refresh your own memory when testifying.
Written communication between you and the other parent (emails, text messages, or comments on social media) which supports your position can be very useful evidence. Screenshots of these messages or comments, from their availability to watch the kids, their choice of schools or activities, or even that they let your child go all weekend without brushing his/her teeth, can be useful and should be shared with your attorney.  This practice of recording statements can be used by anyone, so, be mindful of what you put in writing, as well.
Finally, there are many other forms of evidence you may wish to provide to show your dedication as a parent to your child. Medical, or school records, photographs, videos, or your child’s drawings can be helpful in certain situations. The more you prepare and provide to your attorney, the better your attorney can prepare and work with you to decide how best to convey your case to the judge. Otherwise, custody matters become a “he said, she said” situation, and the judge will have to decide who is more believable and likely rule with that person’s request.
For more information on family law matters contact The Reape-Rickett Law Firm at 661-288-1000.