When child custody becomes a contentious issue, there’s a good chance that it’s headed toward litigation. While you should always seek to amicably resolve the issue at hand with your child’s other parent, sometimes that simply isn’t possible. Maybe the other parent poses a safety risk to you and your child, or they might just be so difficult to communicate and get along with that you can’t get anywhere with negotiating resolution. Regardless, if you’re case is headed toward litigation, then you need to know how to gather and persuasively present evidence that demonstrates why your proposed custody arrangement is in your child’s best interests.
Given the breadth of this legal standard, it can be hard to figure out how to tailor your arguments in an effective way. Oftentimes the result is a hodge podge of personal attacks that do little to advance one’s case. That’s why in this post we want to look at where you can turn to find compelling evidence in your child custody case. Hopefully then you’ll be better positioned to craft effective legal arguments that truly protect your child and their best interests.
Where should you look for evidence to support your child custody case?
Given the all-encompassing nature of the best interests standard, there are a lot of places to turn when looking for evidence in a child custody case. Here are some of the best places to look that may lead to evidence that has a meaningful impact on the outcome of your case:
- Police reports: If you have concerns about illegal activity in the other parent’s home, whether it be drug use or domestic violence, police reports will be incredibly insightful. Not only will they give you an idea of what sort of problematic activities occur in the home, but they can also help you identify witnesses who may be able to speak to the threats these matters pose to your child’s well-being.
- Mental health and substance use records: Although these records may be difficult to get your hands on and may require a court order to do so, they can be powerful in your child custody case. In fact, these records alone could shape the outcome of your custody dispute.
- A child custody evaluation: You can ask the court to order one of these evaluations, which is conducted by a neutral third-party and is meant to be comprehensive. The evaluator willl observe parenting time, speak to all parties and review relevant records to develop a child custody recommendation that’s submitted to the court. This strategy can ensure that the court has a clear, trustworthy view into the family’s dynamics, which very well could play to your favor.
- Financial records: The custodial parent needs to have the financial resources necessary to care for the child. By scouring the other parent’s financial records, you may find that they’re struggling to provide for themselves, let alone what their situation would look like if they also had to care for a child.
- Witness accounts: While your testimony can be helpful in your case, there’s a chance that it’ll be viewed as self-serving and biased. That’s just the nature of these cases. But you might be able to back up your position with testimony from other witnesses whose information could persuade the judge to rule in your favor.
Craft a comprehensive and well thought out custody case to protect your child’s interests
Developing a child custody argument can be difficult. You might feel like you have to defend yourself against allegations made by the other parent, and you might struggle to focus your arguments with so much information in the mix. But don’t let yourself get overwhelmed. An attorney who is skilled in this area of the law might be able to effectively guide you in the development of your case. Hopefully then you can protect your child and give them the future that you envision for them.