Get your free Evidence Tracker & Checklist for child custody:
The cost of divorce and child custody cases is often overwhelming. Many lawyers charge by the hour, which means the longer your case drags on, the more you pay.
To trim the bill, many caregivers try to collect their own evidence and do their own legwork. But if you don’t know what evidence you need or what it must prove – or what the best evidence for child custody even looks like – your efforts can be more costly than simply paying the lawyer to do it.
To make this process easier and more affordable, we’ve developed two tools:
- The Evidence Tracker: A convenient spreadsheet where you can store and organize all the evidence you collect in one place. This tool ensures your evidence is well-organized, saving your attorney hours of sorting through scattered documents.
- The Evidence Checklist: A guide that helps you identify what evidence you need to gather based on legal factors that influence custody decisions. The checklist ensures you don’t miss anything important and helps you present your case effectively.
By using these tools, you can save dozens of hours in attorney fees, potentially cutting your legal expenses by hundreds or even thousands of dollars.
And even more importantly, you’ll have confidence knowing your evidence is well-organized and properly presented. surprisingly easy. Additionally, much evidence, like evidence of possible substance abuse, may be at your fingertips.
Free Evidence Tracker & Checklist for Child Custody
Why you should use the Evidence Tracker & Checklist to collect (and organize) the best evidence for child custody
Two key concepts guide all aspects of child custody cases: the burden of proof and the best interests of the child.
- The Burden of Proof: In civil cases like custody disputes, the burden of proof is relatively low—more likely than not (a preponderance of the evidence). However, the petitioner (the party seeking custody) also has the burden of persuasion, which could be higher depending on the evidence.
- Example: If Mom and Dad are arguing over Dad’s alleged substance abuse, Mom may provide bank statements showing frequent visits to bars. Meanwhile, Dad presents consistent breathalyzer results showing little to no alcohol in his blood. Dad’s concrete electronic evidence is likely more persuasive, even if the overall burden of proof is balanced.
- The Best Interests of the Child: All states require child custody decisions to be based on what’s in the best interests of the child. The party seeking custody must prove that their request serves the child’s best interests.
Using the Evidence Tracker & Checklist helps you systematically gather relevant evidence, categorize it by best interest factors, and present it in a way that’s clear and accessible to your attorney.
With everything organized, your lawyer can spend less time digging through piles of documents and more time building a strong case for you.
What this resource covers
The Evidence Tracker gives you a straightforward way to collect and organize the best evidence for child custody. This includes:
- Police Records: Typically used to prove domestic abuse, substance abuse, or safety concerns. Police records, like drug possession or DUI arrests, could also prove Substance Use Disorder (SUD). Generally, older evidence is less persuasive, especially if the other party has a good comeback story (e.g., “I underwent alcohol counseling.”)
- Test Results: Electronic evidence, such as home Breathalyzer results, is often the most persuasive type of evidence in a civil case. This evidence is especially important if the other side makes an SUD claim.
- Employment and School Records: Third-party records, such as employment or school records, are almost as persuasive as electronic evidence. They can demonstrate stability and responsible parenting.
- Bank Records: While typically related to alimony and child support, these records may also shed light on best interest factors, such as patterns of spending that indicate substance abuse or irresponsible financial habits.
- Medical Records: Medical records are essential for proving health issues, including SUD or other conditions affecting parenting ability. Obtaining these records often requires a privacy waiver.
- Social Media: Screenshots of posts and likes are easy to obtain and can provide valuable evidence. Chat records, however, may require a username and password to access.
- Personal Communications: Texts, emails, or letters may be relevant to demonstrating parenting ability or how certain behaviors affect the child’s best interests. Even seemingly minor communications can matter.
- Social Services Reports: These are usually ordered by judges in contested custody cases. Such reports can be critical in determining the child’s welfare.
- Private Investigator Reports: Whether from a professional detective, an online search, or a rebuttal social services report, these reports can help confirm or refute claims made by the other party.
- Other Evidence: This includes witness statements, travel records, mortgage or lease agreements, and utility bills. Such documents can demonstrate stability, residency, and overall caregiving capability.
The Evidence Checklist helps you match the evidence you collect with specific best interest factors, such as:
- Parental Disregard of Custody Terms: Court records might show a parent has violated prior orders. Social media posts might demonstrate one parent disparaging the other in violation of a restraining order.
- Needs of the Child: School records can show special educational needs; medical records may show special medical needs, whether physical or emotional.
- Parenting Abilities: The onset or removal of conditions like substance use disorder or other disabilities may be crucial. Medical records and electronic information are essential.
- Parent’s Health: Medical records are important, but so are witness statements. A neighbor can’t testify about a parent’s diagnosis, but they can speak to how a condition affects daily life.
- Safety: Police records like domestic disturbance reports are the most compelling evidence. General crime reports about neighborhood safety may also be relevant.
- Stability of Homes: Financial, educational, and extracurricular records can demonstrate stability. Consistency is important (e.g., playing on the same sports team each year).
- Drug and Alcohol Use: Medical records often prove substance abuse, but home breathalyzer tests and witness statements can demonstrate how it affects the child’s best interests.
- Parental Attributes: Witness statements may reveal if the parent’s intentions are good but their capabilities are lacking. Attendance records may also demonstrate commitment (e.g., missing important events).
- Child’s Wishes: In many states, children over 10 or 12 years old can sign an affidavit of parental preference.
- History of Abuse or Neglect: Police records, school counseling reports, and witness statements can reveal abusive or neglectful behavior.
- Religion: Religious affiliations can matter if they affect the child’s best interests, though some religious training is generally viewed as positive.
How to use this resource
1. Open the Evidence Tracker & Checklist spreadsheet.
Familiarize yourself with the two tabs:
- Evidence Tracker Tab: Log and organize all the evidence you gather. Categorize each piece by date, description, type, and relevance to best interest factors. This clear organization saves your lawyer time – and saves you money.
- Evidence Checklist Tab: Identify what evidence you need based on various best interest factors. Checking off each item ensures you’re not missing anything crucial.
2. Gather your evidence.
Collect all relevant documents and records. Upload them into Google Drive so you can easily link to them within the spreadsheet.
3. Organize your files in the Evidence Tracker, and make sure you’re collecting the best evidence for child custody with the Evidence Checklist.
First, enter your findings into the Evidence Tracker tab, and classify which category of evidence each falls into.
As you add each file, think about which “best interests of the child” point it supports. Could it support your assertions about the other party’s parenting abilities? Does it demonstrate the stability of a parent’s home (or lack thereof)?
As soon as you add a piece of evidence that supports a key “best interests” point, check it off in the Evidence Checklist tab.
For example: If you add a BACtrack View PDF report of a parent’s alcohol test results to the Evidence Tracker, this counts as evidence of a parent’s alcohol use (or sobriety). So, you’d then be able to check off the “Drug & Alcohol Use” best interest factor in the Evidence Checklist tab.
All of this organization makes your attorney’s job much easier and faster.
4. Review and update the spreadsheet regularly.
Keep adding evidence as your case progresses, and be sure to let your legal counsel know about any new findings.
The bottom line
By using this free Evidence Tracker & Checklist, you can ensure your evidence is well-organized, thorough, and ready for your attorney to use. You’ll also ensure that you’re collecting the best evidence for child custody cases that you possibly can.
Plus: The time and money you save could be substantial.
Download the tracker and get started today.
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