In order to prove that you should have custody of the children, the court must consider all relevant factors that may affect the best interests of the child. The court encourages parents to establish a schedule for shared custody that allows them to spend enough quality time with each parent. Keep copies of your communications and correspondence with the other parent. Evidence commonly presented in today`s custody proceedings includes copies of texts and emails from the parties. Other common evidence includes parties` income information (often tax returns and pay stubs), photos, and sometimes calendars. Documents held by third parties about the child or parents, such as medical records, school reports (certificates) and police reports, are also common. Less common, but sometimes used, are things like audio or video recordings. If you are involved in a custody dispute, the State College`s experienced family law attorneys at The Mazza Law Group can help you understand and prove how the factors to be considered by the court can benefit you as the child`s primary guardian. Legal guardianship gives a person the power to care for a child if the child`s parents are unable to care for the child. Legal guardianship is often obtained by court order or by written will and power of attorney. There are several situations where you may need to prove a child`s legal guardianship, such as medical care or school matters. Legal guardianship laws vary from state to state, but generally providing the proper documents is the only way to determine that you are the child`s legal guardian. If your child`s other parent is initiating custody proceedings, you can assume that they have included their own evidence in their written application.
They have to get a copy of the documents they gave to the court – that`s the law. If you have guardianship of a child or adult, you will need to submit the documents granting guardianship several times. This is the only way to prove legal guardianship. This article briefly describes the documents you may have. You only need one set of documents, but this article will cover the most common ones. If you are pursuing a custody lawsuit and are negotiating without a lawyer, it is a good idea to include copies of all the documents you gathered in support of your arguments when you filed your written filing. The judge will review these documents before you go to court. Don`t sabotage yourself by bringing the child late to school, not attending parent-teacher conferences, not helping or checking homework, etc. If you believe the other parent is abusing you or the child, you should immediately report it to the authorities and move if you are unsure.
It is much harder to convince the judge that you believe the other parent is not a safe caregiver if you continue to live with them after believing that your child is not safe at home. Housing and employment stability. The judge usually doesn`t care where you live or where you work, but a parent who is constantly moving from job to job or place to place will have to explain why they don`t have more consistency. An otherwise excellent parent can lose custody if they lack consistency. A judge could order a custody assessment in a really contentious dispute to get to the bottom of it. A trained professional will meet with your child, usually repeatedly, and may also visit both parents` homes. It is the professional`s responsibility to report to the court with a custody recommendation. A non-custodial parent seeking custody can use this information in court to prove an ongoing and meaningful relationship with the child. A custodial parent may use a record of visitation plans to prove the absence of an ongoing relationship between the child and the child`s other parent. The judge decides on custody on the basis of the «best interests of the child».
If you want the judge to have accurate information when deciding your custody case, you need to gather evidence. The evidence you present can help you prepare for your case and give you the best chance of getting custody of your children. Here are some of the most important questions parents have with suggestions for custody and the most commonly needed evidence. While this general information will help you think about what might be needed to approach a custody hearing with confidence, it is always wise to seek legal advice in your particular situation by contacting a custody lawyer in your area. Keep copies of update reports about the child`s health, hobbies and place of residence. These reports are prepared annually by the guardian and submitted to the court. Provide these update reports as well as the above legal documents as proof of legal guardianship for a child. For more information on relevant child custody documents, contact a qualified attorney in your jurisdiction. If you think you can`t afford a lawyer, seek legal help in your area.
Very young children, such as children aged 7 to 8 and under, almost always lack maturity and understanding of the effect of the words needed to testify about custody issues. Near-miss calls are typically in late pre-adolescence and early adolescence, such as youth aged 11 to 14. Some judges are much more willing to call a child to testify than others. When a child testifies, it is often done «behind closed doors.» This means that the child would testify in the presence of the judge and lawyers, but not with the parents. Often it`s in a more relaxed environment, like the judge`s office instead of the courtroom. However, the truth is that only a very small percentage of cases involve a child. Normally, a child`s testimony is only on or very close to the trial date. Since most cases are settled before trial, the child never testifies. Even if a case goes to court, the child is generally not called to testify in most custody cases.
