Types of Child Custody Evidence

When it comes to child custody cases, it is necessary to present the reliable and competent evidence to prove your claim. Under the Rules of Court, there are three types of evidence that may be presented before the court in order to prove one's claim or entitlement to the award of child custody.

These are documentary, testimonial and object evidence. It must be noted that the judge hearing the child custody case will take into consideration all the factors which may affect the rights and interests of the children involved. The said judge will decide on the case using the “best interest of the child” rule.

If you are a party to a child custody case, you may present any of the three types of evidence mentioned above. The best way to convince the court that you are entitled to the custody of the child is through the positive testimonies of your friends and family members. You can present the testimonial evidence that will show to the court that you have a good relationship with the child and that you are more than capable to be the sole custodian parent.

You need to remember that the testimonies of the people must be factual and truthful. Otherwise, they will be criminally liable for the crime of perjury. Such wrongful or false testimonies may also cause an adverse ruling on your part. In order to ensure that you are able to follow what is provided under the statutes, it is imperative that you hire the services of a divorce attorney. All judicial steps must be made with the guidance of a legal counsel in order to guarantee proper and substantial compliance with the laws.

Take note that there are instances when the court may require the child to describe his or her relations with the mother and father. Anything that the kid would say will be given credence and preference by the court of law. The rationale behind this is that the child is the best source of first hand information as to how responsible a certain parent is or how the latter takes care of the former. The rules on child witnesses shall be applicable in order to protect the best interest of the child. Leading questions may be asked to properly guide the child of what are the right things to say during the hearing or litigation.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!

References: Evidence Gathering

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