Types Of Evidence Used In Custody Battles

 

Divorce is an extremely difficult thing if you don’t have children, but if you do it can be even more upsetting. If you are newly separated or divorced from the other parent of your child or children and the two of you aren’t amicable, you may be preparing yourself for a custody battle. 

There are many different reasons why a person may try to get full custody, but when it comes down to it, they will have to have evidence in order for it to be proven in a court of law. Here are some of the types of evidence someone might use when battling for custody. 

Witnesses

A very common type of evidence used to support a fight for custody is witnesses. Your former spouse may try to pit friends and family against you by asking them to testify. It is of course possible for these witnesses to lie, but witnesses are generally considered to be a pretty reputable type of evidence. 

If you mistreated or harmed a child in any way in front of anyone else, it is very possible that they may be called as a witness.

Journals

Sometimes people keep journals to document their spouse’s behavior towards their children for long periods of time in preparation for a custody battle. 

Journals like this are often used as evidence, but because they can easily be forged are not considered to be quite as credible as witnesses. 

Audio and Video Recordings 

Recordings, whether audio or video, are often seen as the most damning types of evidence. If your former spouse has any recordings in their possession of you being an unfit parent, they stand a good chance of winning against you in a custody battle. Of course, it has to be proven that the person in the video or voice in the recording is actually you. 

Police, Medical, and Financial Records

All types of records are commonly used as evidence in custody battles. This can include police records documenting domestic issues or child abuse, medical records documenting injuries to children, and financial records which prove the parent in question to be irresponsible. 

It’s important to stay on top of your paperwork and know what the other person has access to. You may be able to find records to use against them, but they can also twist those same records and use them against you. 

If you are going through a custody battle currently or preparing to go through one in the future, the most important thing is to know your rights. Make sure you are well versed in the laws, and at the end of the day always do what is best for your children.