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Where to look for evidence in your child custody case

On Behalf of | Aug 30, 2024 | Child Custody |

When you’re in the middle of a custody battle fighting to protect your child and their best interests, it can be hard to figure out the best way to develop your legal arguments. Your judgment might be clouded by your anger towards the other parent, and you may inadvertently make arguments that stray from the best interest standard. You have to be careful with how you craft your strategy, as the judge may not respond well to mud flinging that has no purpose other than to hurt the other parent.

So, how can you develop an effective child custody strategy? And where should you look for evidence to support your case? Let’s take a closer look so that you have a better understanding of how to build a persuasive child custody case.

Where to look for evidence to support your child custody arguments

The best interest standard applicable in your custody case is all-encompassing. This means you have a lot of latitude in gathering and presenting evidence. Here are some places you may want to look for evidence to support your case:

  • Police reports and criminal records: These records can help paint a picture of the lifestyle lived by the other parent. And if they have recent arrests, then that fact, coupled with the circumstances surrounding the arrest, can help you demonstrate that the other parent’s home isn’t a safe environment for your child.
  • Substance use and mental health records: These documents can be somewhat difficult to secure without a signed release from the other parent, but if you can secure court-ordered release, then you might get your hands on compelling evidence that shows the nature and extent of the other parent’s substance use and mental health issues. Although these issues by themselves may not be problematic when it comes to parenting, they certainly can be if they’re untreated, unresolved, and directly related to the other parent’s ability to care for your child.
  • Your child’s therapy records: If your child is in therapy, then their mental health provider has probably broached the topic of custody in some way. Your child’s responses could be indicative of what they want out of the process. And the therapist might also have an opinion as to what sort of custody arrangement is best suited to protect your child’s emotional and mental health.
  • Witness accounts: Witnesses can help paint a picture of your family’s dynamics. While they can certainly establish the bond that you have with your child, they can also demonstrate the existence of any aggression, violence, and manipulation exhibited by the other parent. This can help you show that the other parent’s proposed custody arrangement isn’t in your child’s best interests.
  • Social media posts: The child’s other parent might put on a good show in court, but their social media might give a more realistic picture of what their lifestyle looks like. By scouring their social media pages, then, you might find evidence of substance use, violence, bad mouthing of the other parent, and other indications of an inability to handle the challenges associated with parenting.

Know how to build an effective child custody case

There isn’t one correct way to build a child custody case since every circumstance is unique. To position yourself for success, though, you have to have a command of the facts and be able to clearly articulate how they’re relevant to the best interest standard in play. If that’s something that you could use assistance with, then now is the time to seek out any support you may need to zealously advocate for your child.

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