The most common types of evidence in child custody cases include: 1. Some states and courts will require the exchange of … 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. One definite way to annoy the judge is come to court disorganized, with your papers disorganized, and without sufficient copies of his review. 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. This means that the judge will consider the evidence when they make their decision. 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. It is intended to help you begin the thought process that precedes a successful custody case. Establish solid facts and organize them logically. When it comes down to preparing for a custody hearing, this is one of the most important steps. 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. It is important to note that all of your potential witnesses may not be able to add to your case. In order for your evidence to be admissible in court, it has to be relevant to your child custody case. Having solid evidence for a custody battle is vital for a father to prevail in family court. Building a Psychological Case in the Courtroom. ‘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. 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. Read reviews from world’s largest community for readers. 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. Keeping copies of your communication and correspondence with the other parent is crucial. I find it especially helpful when dealing with a client who wants to refute every single point the opposing side is making. Online activity available for public viewing, such as Facebook or Twitter posts, can reveal quite a bit about a person’s behavior and lifestyle. Keep in mind that witness testimonies help the judge determine how legitimate your claims and allegations are in your child custody case. This post is a good refresher. Guardian Ad Litem. However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory. In most cases, it’s going to be up to you to gather that evidence. 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. Nothing can help you track assets and debts or changes in those or give you a bottom line relating to... 3. Evidence in Court: Flip Charts. .. Working Supermom: Child Custody Court Binder --This is VERY smart! Keep track of all the activities you do with your child yourself. As your divorce trial inches closer, it might feel like all the work in your case is just beginning. 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. 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. Start making a list of potential witnesses, such as Daycare providers, Teachers, Medical Practitioners, co-workers, or neighbors. 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. Talk to an attorney if you're unsure about the legality of your methods for gathering evidence. Learn More Evidence Strategies for Child Custody Guide Book. 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. It's the professional's job to report back to the court with a custody recommendation. Willingness to Co-Parent – You must show a willingness to co-parent your child. The easiest way to present evidence, and the most common way to present evidence is going to be through testimony. Schedules – including any times your child’s other parent had to cancel or reschedule visitation. Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. Don't Overlook a Custody Evaluation . What evidence can your witnesses give that will undermine the other party’s case? 2 thoughts on “ Maximum impact: How to organize your trial evidence ” Sonja Aoun 10/19/2009 at 2:06 pm. Identify every detail necessary to prove your case or disprove the claim brought against you. 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. Are going to have all the full voicemails available, should the court regarding best. 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