How to Gather Evidence in a Custody Case

When gathering evidence in a custody case, it is important to keep records, take photos and focus on evidence that will show that the other parent is not as good a parent as you.

Difficulty: Moderately challenging

Instructions

Things You'll Need:

• Notebooks
• Film
• Point-and-shoot Cameras
• Notebooks

1. Hire an attorney so you can be sure your evidence will be admitted in court. If you do not have an attorney, hire one for a few hours to explain your state's rules of evidence to you. The rules of evidence are very complicated and sometimes do not seem logical.

2. Understand that the more evidence you have that shows bad things about the other parent's parenting skills, the more likely it is you will win.

3. Gather evidence that shows the other parent is unfit and evidence that shows you are a great parent.

4. Take photographs. Photographic evidence is very persuasive. Take photos of abuse or neglect by the other parent. Take photos of the other parent's home, of your home, and of your child's room.

5. Keep a log or journal. Date each page. Record events pertaining to your child in detail. Write down the horrible or neglectful things the other parent does and write down the wonderful things you do with your child. Write down what the child tells you happens with the other parent. Include any information about meals, bedtimes, baths, etc. that shows how the child was cared for by the other parent.

6. Keep track of any visitation that occurs. Write down dates, pick-up and drop-off times and information about what happened during visitation.

7. Talk to family and friends. Determine if any of them have helpful firsthand knowledge about the situation. Ask those that do to testify for you in court.

8. Hold on to report cards, counseling reports, medical records, letters or any other written evidence that pertains to your child's health or well-being.

9. Preserve items such as children's clothes that clearly show neglect or abuse (bloodstains, rips, tears, etc.).

10. Create witnesses. Get other people to witness things so that it is not your word against the other parent's. For example, if the other parent is routinely one hour late to pick up your child for visitation, have a friend with you the next few times so that someone else can testify about this to the court.

Tips & Warnings

• Don't bother with evidence that shows the other parent is rude to your mother, late on car payments or a former juvenile delinquent. Focus on evidence that has to do with parenting abilities.
• Evidence of drug or alcohol abuse is always relevant, especially if it is recent.
• Evidence of domestic violence is also important, because it shows the court that the child could be in danger.
• Custody cases are serious business. You could potentially lose all of your rights to see your child. Seek legal assistance.
• Do not create or manufacture evidence. This is a criminal offense.

[mattdaddy832006]

on 2/3/2009 I recently had my four year old daughter taken away from me by her mother. I have seen my daughter every day of her life, I take her to and from school everydady we did everything and now her mom got mad at me and I havent seen her in three weeks. she has even taken her out of school and daycare so I couldnt get her, so not only has she taken her away from me but away from everything she was use to away from all her friends and people she was comfortable around. She has also just moved in with her new boyfriend of two weeks and I am told she leaves my daughter with him while she is at work witch I am sure scares my daughter as well. Is there any thing I can do to get like emergency visitation or something like that?

[fattz300]

on 1/16/2009 I am a father of 2 that has had pretty much the custody of them since before they can walk. I do everything for them, and i take them to see their mother "ONLY" 2x a week & thats "IF" she calls to see them. I'm also the one that takes them on trips, plays, movies, etc, etc, etc in the entire 7yrs that the oldest have been on this earth, she hasnt done anything except have bday parties for them. Other than school/hospital/rental agreements & various other activities that i have them in, i really dont have any type of paperwork to show that they have been with me all this time. But she is very abusive(verbally) and the other night it turned physical in which i kept asking her why in front of the kids(this was when i was dropping them off). After seeing my youngest reaction to the situation i decided that it is best to remove them from her all together except possibly weekends. Me & her can

[butterflybleu]

on 1/14/2009 Naomij,
You need to find the laws regarding custody in your state. In NY a custodial parent or relative must get permission from the court before moving because it interferes with visitation rights. If you have been given specific visitation rights by the court file a violation of visition petition. Also get records that show what hospitals she has been in, if she is in and out of mental hospitals you could prove she is unfit mentally to the court in a modification of custody petition and request that you be given custody if that is what you want. You must also be able to prove you are capable of caring for the children as well. You do not have to be rich, but a stable home and resources or income are best to have if you want custody.

[NaomiJ]

on 12/18/2008 I need Help I am the mother of three beautiful children. I do not have custody their maternal grandmother dose. I am suppose to have visitation of them but when the hurricane Ike hit Texas she moved and I havent seen or heard from them since. Now I know that she loves my children however she has been in and out of the State hospitals for about 14 Years. She has some serious mental disorders. I fear for my children And no one will help I am so scared. I do not Know What to do any more.Someone Please Help Tell me what to do now.

[Kalena]

on 7/23/2008 Being a mbr of the 2nd wives and stepmthrs clubs, I just have one piece of advice. Do not let your feelings get in the way of what is best for your child. Both parents need to be able to look past the reasons why they didn't work out as a couple and work on being role models for their children.