What Evidence Do I Need for Custody Court? Checklist
· By MyCourtDocs
Family court judges make decisions based on evidence. This complete checklist ensures you have everything needed to present your case effectively.
Walking into family court without proper evidence is like taking a test you haven't studied for. Judges make custody decisions based on what they can verify—not what you tell them happened. This comprehensive guide covers every type of evidence you need to present a strong custody case.
The Golden Rule of Custody Evidence
Before diving into specific evidence types, understand this: quality matters more than quantity. Judges prefer a well-organized collection of relevant evidence over boxes of unrelated documents. Every piece of evidence should support a specific point about custody arrangements.
Essential Document Evidence
Court Orders and Legal Documents
- Current custody order (if one exists)
- Divorce decree
- Parenting plan or custody agreement
- Any temporary orders
- Restraining orders (if applicable)
School Records
- Report cards and academic progress
- Attendance records
- Teacher communications and notes
- IEP or special education documents
- Extracurricular activity records
- School event attendance logs (showing which parent attends)
Medical Records
- Pediatrician visit records
- Immunization records
- Prescription information
- Specialist visits and reports
- Therapy or counseling records (as permitted)
- Insurance documentation showing who provides coverage
Pro Tip
Request official copies of all medical and school records. Some courts require documents with letterhead or official stamps. Informal notes may be challenged by the other party.
Communication Evidence
Text Messages
Text messages can be powerful evidence of:
- Scheduling violations or refusals
- Communication patterns (or lack thereof)
- Threats or inappropriate language
- Parenting discussions and decisions
- Evidence of good-faith efforts to co-parent
Email Correspondence
Save and organize all custody-related emails, particularly those showing:
- Requests for schedule changes and responses
- Discussions about children's needs
- Financial arrangements
- Evidence of parental involvement (or lack of)
Co-Parenting App Messages
If you use apps like OurFamilyWizard or TalkingParents, export your complete message history. These apps are particularly valuable because they timestamp everything and prevent message deletion.
Photo and Video Evidence
What to Photograph
- • Child's living conditions at your home
- • Child's bedroom and belongings
- • Condition of child upon arrival/departure
- • Safety concerns (with discretion)
- • Activities and positive moments
What NOT to Photograph
- • Private moments of the other parent
- • Content that could embarrass your child
- • Anything obtained through surveillance
- • Content your child asked you not to share
Calendar and Schedule Evidence
Track These Schedule Items
- • Actual exchange times vs. scheduled times
- • Missed visitations and reasons given
- • Last-minute schedule changes
- • Holiday and vacation arrangements
- • Makeup time offered or taken
Financial Evidence
Financial stability can influence custody decisions. Gather:
- Pay stubs and income verification
- Tax returns
- Child support payment records
- Receipts for child-related expenses
- Insurance documentation
- Evidence of maintaining stable housing
Witness Statements
Character witnesses and fact witnesses can support your case. Consider:
- Teachers or school counselors
- Pediatricians or therapists
- Coaches or activity leaders
- Neighbors who observe the home life
- Family members (though they may be seen as biased)
Important Warning
Never ask your children to testify or provide statements. Courts strongly discourage putting children in the middle, and it can actually hurt your case. Let the court-appointed experts handle child interviews if needed.
How to Organize Your Evidence
- Create categories — Group evidence by type (communications, documents, photos, etc.)
- Sort chronologically — Within each category, order by date
- Create an index — List each piece of evidence with a brief description
- Label everything — Date, source, and relevance for each item
- Make copies — Keep originals safe and work from copies
- Back everything up — Use cloud storage or secure apps
Evidence Checklist
Conclusion
Building a strong evidence collection takes time and consistency. Start gathering and organizing evidence as early as possible—don't wait until court is scheduled. The more complete and organized your evidence, the better positioned you'll be to demonstrate that your proposed custody arrangement serves your children's best interests.