More Child Custody Evidence For Family Court

Proper Evidence

                Not all custody and divorce cases are simple and easy. Some parents might find themselves in a position where they need to gather as much information as possible to show the judge that the other parent is not the right choice for the child to be living with. This is especially true for fathers. Historically, courts tend to side with the mother as far as placement of the child goes. If you’re a father and you are finding yourself facing an uphill battle regarding showing the judge that the other parent is unfit or has an unstable lifestyle or home life, presenting the proper evidence to show this to the judge is crucial; this goes for mothers and father alike. If you find yourself in this kind of situation, here are a few things to look for and bring to the judges attention if you are fighting for custody of your child:

  • Financial Records. If you’re going to court about a financial stipulation such as modification of child support or claiming one or more children on your taxes, having the documents together to show the court why you should receive more money from your ex for child support or shouldn’t be paying as much child support as you do, is what you need to bring to court or have your attorney include in your documents. This might include receipts, copies of checks, tax records or any other relevant financial statements that will work in your favor.
  • Employment or Housing Information. If you’re concerned about the other parents living situation and you have evidence that suggests that they do not have a proper place to house the child in question, do everything you can to bring this kind of stuff to light. If you’re worried the judge will grant your ex full custody of the child and they are unemployed, make sure this is addressed in the negotiations.
  • Verbal or Written Agreements. It’s quite common for parents to make agreements between each other that are not put into a court order. Bringing these kinds of agreements to court and showing them to the judge has the potential to make or break your case. This can have a number of implications. If your ex is petitioning for full custody and is telling the court that you guys never had an agreement, having some form of proof that you did have such an agreement will obviously work in your favor. In cases like this, a written agreement is better than a verbal once. Having records of e-mails, text messages or voicemails all serve as relevant evidence.

If you’re unsure at all about how to go about the process, meet with a legal professional who would be able to provide you with some advice or information on protocol for presenting this kind of evidence or resources for gathering said evidence. A good thing to keep in mind is not to point fingers unnecessarily. The idea here is that you want to identify and fix a problem and improve your child’s quality of life rather than putting all your efforts into figuring out whose fault it is.

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Posted in Child Custody, Child Visitation, Children, Courtroom Preparation, Divorce
13 comments on “More Child Custody Evidence For Family Court
  1. […] More Child Custody Evidence For Family Court ( […]

  2. marsgyrl says:

    I have to give you a HUGE kudos for sharing this blog! I sincerely wish I would have had access to this information 6 years ago when I was going through my own divorce. YOU ROCK!!! And I will most definitely pass it on to anyone I encounter now in need of it.

  3. […] More Child Custody Evidence For Family Court ( […]

  4. ajysquared12 says:

    My name is Anthony. I will be a step father (as much as I hate using that term, I consider the two children as my own regardless if I helped make them or not) to a almost 5 year old boy and a now 2 year old girl. I met their mother almost 15 months ago now and I am in love with my family. I was raised in the foster care system and because of really bad and unsafe parenting involving abuse, neglect, and overall depressing situation. I use all my childhood as a reason to do what I can to make sure my children are safe and secure in their home.

    To my point. The biological father to my two children is a really unfit father. My opinion and I usually would be the first to understand that having the father in their lives would be good. Not in this case. The reasoning behind my statement is that he for the first 7 months of so of the divorce, didn’t show to visitations. Not even a call. This does damage to a 4 year old (at the time) making him cry and asking why his daddy doesn’t want to see him. This obviously makes my heart hurt. When the father does show to the visitations, we are met with problems when he is dropped off to us. He is told that he doesn’t have a family anymore, that mommy is a F@@@ing bitch. (Repeated by 4 year old) and an array of other negative and unhelpful comments. It got to the point where he was told to hide from me and even his own mother when he gets home.

    The father is a drunk. Has problems with drinking and I believe he is smoking now. He influences the children and when they come home they are a mess. He has spanked the children in the past and also been caught watching porn in the computer room with the kids still awake, not in their pajamas, and not have had dinner at midnight! The father doesn’t pay child support and is fighting for 50% custody so he doesn’t have to pay. He doesn’t pay his other bills, a truck got repossessed recently that is still owned by both the father and mother in which the mother has been trying to obtain the truck to pay for it and figure out a way to steer away from a repossession.

    Overall I am worried. The hearing is on the 22nd of this month and we’ve been consulting a lawyer in which we believe will get us what is in the best interest of the children.

    • Your statements of support in this situation are uncanny. We commend you for this. Severe urgency and concern is dully noted and should be taken into great consideration when speaking with the attorney. They will certainly be able to assist in arguing these points of child neglect and abuse in this case. Just be sure to provide substantial proof of the allegations mentioned, this will be what a judge needs to make a factual decision on what’s really in your children’s best interests.
      Feel free to read our posts to gain ongoing information your attorney may not have mentioned to be as prepared as possible with this. Thank you for finding our blog. Look forward to hearing more about the outcome of the case.

      • ajysquared12 says:

        Thank you for your quick response. We spoke to a new lawyer yesterday and felt really good about what she (the lawyer) is going to “go after” The lawyer explained to us that because the father hasn’t been showing up that it actually does damage to the kids to go to the drop off locations and wait for him to show up and he not show. Lawyer explained that she is going to go for full custody and parenting rights and the father will have to ask to see the kids and it will be at the full discretion of the mother to either accept the terms of the visits or not. because of the mothers work schedule she was not able to have the visits be on tuesdays so she set it up where the father could go to the kids day care and play in one of the rooms for the time but not to take them out of school (the daycare didn’t feel comfortable with that) which is reasonable I think. The attorney seems to know what she is doing and we are definitely comfortable with her knowledge and willingness to listen to our concerns closely.

      • Keep the dialog going as this unfolds. Glad to hear how receptive your attorney is to your situation. This will be behind you all soon enough, just keep pushing forward.

  5. […] More Child Custody Evidence For Family Court ( […]

  6. […] More Child Custody Evidence For Family Court ( […]

  7. […] More Child Custody Evidence For Family Court ( […]

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