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