What Kind of Evidence Do You Need to Support Your Child Custody Case?

The hardest part of a separation or divorce is seeing your kids through the challenging transition. Naturally, you want what's best for your children, and if you believe that the kids are better off with you, you will likely want to pursue child custody.

However, the outcome of a child custody case primarily depends on the evidence you present. The court will always prioritize the best interests of the child, so you will need to be able to show that your custody arrangement is in the child's best interests. Here are examples of evidence you can use to support your custody claim.

Your Communication Diary

Part of being a present parent is ensuring that you communicate with your child regularly. If you are not the current custodial parent, try reaching out to your kids at least daily.

The communication could include phone calls, text messages, and video calls. And ensure to keep a record of all the communication efforts that you've made. This evidence will show the court that you are committed to being an active and involved parent in your child's life.

Your Visitation Timetable

Again, if you currently live far from the kids, show the court that you are willing to make an effort to see the children as often as possible. Ensure to keep a log of your visitation timetable, which includes the time you visit the children, the amount of time you spend with them, and the venue.

Note that the custodian parent can use this information to prove your lack of commitment. For instance, if you only visit the children once per month, or you are not consistent with your visitation schedule, the other parent can use that as evidence against you.

Your Financial Records

The court will also examine your financial situation to see if you can provide for the children. In addition, the court will consider factors such as your income, your employment stability, and whether you have a criminal record.

You can use tax returns, bank statements, and pay stubs to show the court your financial situation. You may need to provide additional documentation to prove your income if you are self-employed.

Also, prove that you actively cater to the needs of the children. For instance, paying for their medical insurance or extracurricular activities will show that you are willing to provide for the child's needs.

Your Child's Preferences

If your child is old enough to express a preference, the court may consider the child's wishes, especially if your child is 14 or older. However, the child's preference is not always the deciding factor in a custody case. The court will still prioritize the child's best interests to make the right decision.

The court will also consider how the child performs in school, how the child interacts with each parent, and whether there is any evidence of abuse.

Your Witness Testimony

If you have friends or family members who can attest to your character, that could be helpful in your custody case. The court will look at whether the witness is credible and whether the testimony is relevant to the case.

For instance, a neighbor may not be able to testify about your parenting skills. A close friend or family member could also provide valuable insight into your relationship with the child.

Gathering evidence for a child custody case can be a daunting task. But things get more manageable with the help of a family attorney. The lawyer has the expertise and skills to collect the necessary evidence and build a strong case for you.

You can trust us at Gayheart & Willis P.C to represent you and fight for your custody rights. We have successfully helped many clients obtain the custody arrangement they desire. Contact us to schedule a consultation and learn more about how we can help you