How to Win a Custody Battle

Win your case by collecting the right evidence using an evidence journal. It is critical that you prepare documentation for the court demonstrating that you provide the child a safe, loving environment sheltered from the conflict between the parents. The court is trying to determine what is in the best interest of the child. Create a journal to present your genuine, authentic self. Be real. Demonstrate that time with you is in the best interest of the child.

In situations where you believe your child would be unsafe with the other parent, you should carefully document your interactions with your ex as well as his/her interactions with your child. It is critical that you do not provoke more conflict. It is in your best interest to calmly manage the conflict and document every exchange.

Track Visits

By recording each and every visit with your child, you are painting a picture for the courts of the environment that you have created for the child.

  • Events: Record the start and end of your visit with your child. Record your child’s milestones. What did you do with them? What did you feed them? Did you do homework? Did you take them to practice? When did you put them to bed?
  • Behaviors: Track the behaviors of your child. Was your child happy during your time together, were they angry or misbehaving?
  • Discussions: Document important discussions that you had with your child. Do not talk to your child about the custody battle. The court will be looking to see that you will isolate the child from the conflict.

record interactions with your ex

In order to avoid a “he said, she said” situation, document every exchange you have with your ex. Divorces and especially custody battles often turn bitter. You may not think a conversation was important at the time, but a collection of all the conversations may be just what you need to make the court or the custody evaluator understand your point of view.

  • When & Where: Document when, where, how the exchange took place and who heard the conversation.
  • Tone: Document the tone of the conversation. Were things civil? Friendly? Hostile? Violent?
  • Summary: Summarize the conversation. Document when you have demonstrated flexibility. If you have given up a weekend in order to accommodate the needs of the child or your ex, note it. This demonstrates to the courts that you are willing to put the needs of the child above your needs.

Attach Photos, Videos, Receipts and Communications

  • Include photos and videos from visits with your child. If you suspect abuse, include photos of injuries or other signs of abuse.
  • Keep all receipts showing your expenditures including meals out, outings, gifts, school supplies, medical expenses, clothes, ex-curricular fees
  • Screen shot all text message exchanges between you and your ex. and posts from social media.
  • Attach copies of emails between you and your ex.

Stay Organized Using Tags

  • Use tags to help you stay organized and generate documentation for the court.
  • Create personalized tags such as:
  • Events: practice, homework, to bed on time, play date
  • Behaviors: happy, tantrums, angry, won’t eat
  • Interactions with ex : disagreement, dropped off child late, missed child support
How to Create an Evidence Journal
Journaling can be completed using CaseKeepers on your desktop or mobile device as it makes everything much simpler, faster and more organized. If you choose to hire an attorney, your journal entries and attachments can all be shared with your attorney. If you are representing yourself, CaseKeepers will help you generate reports for the courts.

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