Evidence Used in Child Custody Cases

The most common types of evidence offered in a child custody case include witnesses, emails, text messages, journals, voicemails, photographs, videos, letters, audio recordings, schedules, and records such as financial, medical, school, and police reports.

When parents decide to divorce, it is a significant point of upheaval in their lives. However, it can be even more traumatic for their children. This is especially true if the kids have to wait and see which parent will have custody. 

Custody battles can be the most stressful and contentious parts of a divorce, and judges will look very carefully at the evidence to award custody to the parent who offers the best support for the child.

As judges examine child custody cases, they are always looking out for the best interest of the child. Therefore, they are willing to delve into many different types of evidence to determine the best situation for the children.

Evidence Preparation for Child Custody Battle

First, the judges will look into each parent’s criminal history. If one parent has several serious infractions, such as endangerment of a child, driving while intoxicated, etc., then this can prove that the person is irresponsible and should not have primary custody. Also, the adults’ social networking sites can be used to check up on their activities. For instance, if one parent has pictures of drinking around children, this can serve as a setback.

Next, the judge may ask each parent what his or her duties around the house are, which can be corroborated with older children. If one parent is the primary caretaker, such as helping the kids get ready for bed, cooking for them, and generally providing the most support, then it is natural for that parent to continue taking care of the children, even after divorce.

Lastly, judges want to disrupt the child’s life as little as possible. So, if one parent will continue living in the family’s house even after divorce, then a judge may be more likely to leave the child at the home that he or she recognizes. This also keeps the child in the same school district so that they can remain near friends and school.