What Evidence Does a Court Consider in a Custody Case?

If you are involved in a child custody case it is important to start thinking carefully about what evidence might be useful during a hearing. The most common form of evidence in any custody hearing is testimony. In other words, the statements you make in response to questions. The testimony you provide in open court will be vital to having a successful hearing. It would be to your benefit if the judge determines that you are telling the truth and are credible. On the other hand, if you embellish, twist the truth, or lie, the judge will take this into consideration and potentially discount everything you say since you have shown a willingness to make statements that are not entirely true.

Now that you know your credibility is very important, be sure to tell the truth. If there is information you are hesitant to talk about in open court, contact an attorney to discuss a game-plan, and potential settlement.

Another form of evidence used in child custody cases is a journal. The journal I am referring to is not a personal diary, but instead, a recording of specific events relevant to the custody agreement or custody order you are operating under. For example, if the custody order allows for the opposing party to pick your child up every first third and fifth weekend of the month and they have only been picking your child up once a month, you can record notes on a calendar to keep a record of this information. This will be very useful at a hearing because memory fades, and you are unlikely to recall exact dates and times that the opposing party failed to exercise his right of possession.

If you have specific questions about a child custody case, feel free to contact one of our Family Law Attorneys at: (512) 246-2224.

Additional information is also available at: www.AustinCustodyLawyers.com and www.DivorceLawyersAustinTX.com