From Courtroom to Victory: The 5 Pieces of Evidence You Need for Custody Litigation
Table of Contents
Keywords- Child Custody Lawyer, Family Law Attorney, Lawyer for Domestic violence
Many custody issues can arise with a child’s parents, grandparents, and with other relatives in different cases like paternity cases, marriage dissolutions, and guardianship are among. One of the parents will indeed get the child custody but it particularly relies on what evidence you put in court. Evidence is the strongest part of any court issue. The evidence should support the present court procedures and you should be ready with the evidence to win the custody battle. We are sharing 5 key pieces of evidence which you must have during the custody case.
5 Pieces of Evidence You Need for Custody Litigation
1. Fact Witness
Custody disputes have so much emotional drama and sentiment involved. Both parties will present testimony that paints them in light and the other parties in negative. The judge sees the facts and witnesses’ statements to decide which party has better evidence and fact that leads to case winning. There are some difficult facts and witnesses which are difficult to obtain such as your interaction with the child, the interaction between the child and another person living with you, one such witness like a relative or neighbor who knows about both of you and can give some information of your case in your favor. There can be some more such persons such as a member of church or member of the child’s school PTA. Your child custody lawyer can help you to tell about expected answers from the person that strengthens your case.
2. Experts
According to court procedure, experts are appointed to find out what is in your child’s best interest. These experts can provide testimony on different topics such as the potential impact of a specific custody arrangement on the child, the behavioral and mental health of the parties involved including their ability to properly care for the child. This type of testimony is crucial because the court has the responsibility of determining custody arrangements based on what is ultimately in the child’s best interest.
3. Photos and general
During a child custody case, both parties often speak to the court about how much they care for the child. However, providing specific instances of such behavior can be much more effective in convincing the court. Photos of you and your child’s happy moments work as great evidence to prove that you have strong bonding with your child and giving custody on your side would be a great decision to keep the child happy. Journals or calendars can be very useful, as they provide clear evidence of past events. For instance, if you have a calendar entry and photograph showing that you and your child went to the zoo last week, this will be much more convincing than simply saying that you enjoy time with your child a lot of time. As per the saying, a picture is worth thousands of words and in custody cases, this is often true. Photos can help convey the child’s environment and emotions and sometimes even those of parents.
4. Evidence of child wishes
According to Indiana code 31-17-2-8, a court in a custody dispute can take into account the wishes of a child involved, and the court may give more weight to those children above the age of 14 years or older. Generally, parties do not want the child to testify in court, but in some cases, the court may want to hear from the child. Your family law attorney can guide you best in this regard. This can be done through an in-camera interview, where the judge privately speaks to the child to avoid having them testify in open court. In some cases, a guardian ad litem may be appointed to represent the child’s interest in the court and to provide the child’s testimony or reports to the court. Ultimately, the court determines what is in the child’s best interest and may rely on input received from GALs and other experts to make the determination. Your lawyer for domestic violence can guide you that you should behave with your children politely to keep connection with them to increase your chances of winning the case.
5. School and medical records
Keeping records of your child’s healthcare and education can help establish your connection to the child in a custody dispute. Although evidence of spending time and doing activities together is important, proof of your participation in the child’s well-being is crucial. Evidence of the child’s health and education under your care and negative outcomes in the party can be very crucial for the court’s decision in the court’s determination of custody.
Conclusion
Raising children is the most loveable task for the couples and most gratifying experience in many individual’s life as ensuring that the child we care for is not given the opportunity for a healthy and happy life. If any issue arises related to child custody, it is a must to remember that counsel can provide you a great chance of obtaining custody goals.
Author Bio –
Kiaya Mueller is a passionate blog writer with a talent for crafting engaging and informative content. With years of experience in the industry, Kiaya has honed her writing skills and developed a keen eye for detail. Her writing style is both approachable and informative, making complex topics easy to understand for a broad audience.