But, parents can sabotage their chances of custody if they are not careful. Learn More Evidence Strategies for Child Custody Guide Book. Online activity available for public viewing, such as Facebook or Twitter posts, can reveal quite a bit about a person’s behavior and lifestyle. Nothing can help you track assets and debts or changes in those or give you a bottom line relating to... 3. Here is an overview of things you should try to avoid doing while trying to win custody. In many cases, the evidence that a judge has is mostly testimony from the parties and testimony from their witnesses. Whether your witness is willing to appear in court and testify, 4. Names, addresses, and phone numbers of any witnesses, 2. Like your calendar and daily journal, this tactic  will have a higher impact on the judge. Learn 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. When a judge says that information can be presented in court, it's called admitting the evidence. Your potential witnesses may include your family members, employers, counselors, physicians, teachers, coaches, and record keepers. For your evidence to be deemed admissible by the Family Courts, it must be material and relevant. It is much like your journal, but it gives you and your family law attorney another tool to use that visually shows the time you spent with your child. 7. 2. Oftentimes, it is not necessary for the court to hear the entire message. Pretrial Statement. 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. However, a parent will have better proof if they have a journal can refer to their written notes, in order to refresh their memory. Your calendar is documentation of how much time you have spent with your child. It’s imperative that you know what to include in your court pleadings and when to reveal information, depending on your strategy. Make a list of the daily things you do to keep your child healthy and happy. Assume that any of your online activity can be recorded. Witness testimony can assist the Judge in determining the legitimacy of said claims and allegations in a child custody case. 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. Living Situation and Standards of Both Parents. Your evidence must demonstrate that awarding you custody of the child is actually in the child’s best interest. Evidence is the information you use in court to convince the judge to make the order you've asked for. However, there are also other kinds of evidence that you may be able to show to the judge to help prove your case. When it comes down to preparing for a custody hearing, this is one of the most important steps. I read McElhaney in law school and still occasionally refer to the book I bought then. Current Physical Custody Schedule Already in Place. Work with your lawyer to determine what documents to bring to … Some states and courts will require the exchange of … Read reviews from world’s largest community for readers. Editor's note: Lovefraud received the following advice from a reader. 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. Parent’s Active Involvement – How involved in your child’s life are you? Timing is essential when reavealing evidence. While maintaining a healthy boundary, demonstrate your flexibility and willingness to work with the other parent. Domestic Violence – Is there a history of domestic violence in the home? You know that the court is going to have you attend a pretrial sooner or later and that you will... 2.   The most common types of evidence in child custody cases include: 1. 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. 4. Talk to an attorney if you're unsure about the legality of your methods for gathering evidence. Schedules – including any times your child’s other parent had to cancel or reschedule visitation. Learn more about presenting evidence and entering exhibits at your divorce trial. The way your witness can strengthen your case. The credibility is a big part of how to win your child custody case, thus your facts must be … 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. ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. 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. Custody Factors express the most common concerns of Family Court. Interview any potential witnesses who can support your claim or defense. This means that the judge will consider the evidence when they make their decision. This post is a good refresher. Do not move out of the family’s primary residence without consulting an attorney. Evidence Strategies for Child Custody book. The easiest way to present evidence, and the most common way to present evidence is going to be through testimony. The evidence you want the witness to produce. You cannot be forced to move without a court order. When developing your case’s strategy, gather evidence that is relevant to the Custody Factors and effectively supports your pleadings. Place the questions you have prepared and the documents they will be talking about under each name. Whether your witness is available to testify at a hearing or trial, 3. 6. Documents and Other Tangible Evidence: In the previous paragraph, I discussed documents, such as letters from third persons. Bring the Right Documents to Court. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters 2. These dealings are increasingly horrible when you are dealing with said person in a child custody hearing. Again, the welfare of … 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. All Rights Reserved. The criteria Family Court Judges use when determining an appropriate custody arrangement is commonly referred to as the “Custody Factors”. Organize Your Custody Case with a Private Journal. A child custody case is a civil, versus criminal, proceeding. Having solid evidence for a custody battle is vital for a father to prevail in family court. If there are evidence in support of your position, your attorney would help you to gather and organize such evidence. 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. Organize the name either alphabetically or in order of appearance in court. 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. Keep track of all the activities you do with your child yourself. 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 |. Make sure you give the information in the list below to your attorney. Building a Psychological Case in the Courtroom. One definite way to annoy the judge is come to court disorganized, with your papers disorganized, and without sufficient copies of his review. 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. 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. 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. 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. You could even anger the court if you play long messages that are irrelevant. Start making a list of potential witnesses, such as Daycare providers, Teachers, Medical Practitioners, co-workers, or neighbors. 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. Moving out of the family’s primary residence during a custody dispute could impact visitation, alimony, or child support. - 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. Information on these platforms can be easily misconstrued. 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. Whether your witnesses’ employers will let them take time off work to testify, 5. Some types of documents are implicitly admissible in your divorce or child custody case. Family courts could consider this move as abandonment and it can be used against you and your case. With all the evidence you and your family law attorney can present in court, kid- centric photo albums are among the most influential. The Stevens Firm, P.A. 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. 1.9k There are five key tips to bear in mind when preparing for a child custody hearing. Oct 17, 2016 - This eBook provides clear & concise guidance on how to properly collect and organize evidence for your child custody case. Neglect – Have either you or your child’s other parent neglected your child? Keep in mind that your personal testimony will not carry much weight with the judge. Winning a custody battle with a narcissist requires careful planning. Spreadsheet. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters, 6. Your daily journal may be one of the most important pieces of evidence you have. 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. I’m trying to be semi vague on purpose. 2. Therefore, you and your family law attorney will dramatically increase your chances of winning your custody case by presenting clear and organized evidence. 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. If your custody over your child is being disputed, every step must be documented. The evidence presented at a child custody hearing usually includes various types of documents. Remember to make 3 copies of each document that you will be presenting. The more unbiased the witnesses are, the more likely they are to be believed. Preparing for child custody litigation. In order for your evidence to be admissible in court, it has to be relevant to your child custody case. 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