When it comes to child custody battles in Indiana, having the right evidence can make all the difference. If you're seeking physical custody of your child, it's crucial to understand what factors the court considers and what evidence can support your case. This blog post will outline the key pieces of evidence that can help you win physical custody in Indiana.
Document your parenting time. A calendar or logs that show time spent with the child or records of pick-ups and drop-offs is a good representation of your time with the child. Additionally, any evidence of attendance at school events, doctor appointments, and extracurricular activities will be useful for the Court to see your involvement. This evidence demonstrates your active involvement in your child's life and your commitment to parenting responsibilities for your custody case.
You also want to provide evidence of a stable home environment for the minor child. Take photographs or videos of your home, including the child’s living space. Testimonials from neighbors or community members about your home life are helpful for the Court to get other’s perspectives on the home environment. A stable home environment must show evidence of a consistent daily routine for the child. Evidence of a stable home environment is crucial because Courts prioritize stability and continuity for the child's well-being.
Similarly, you will need to show the court that you have financial stability. Evidence such as paystubs, tax returns showing steady income, budget plans demonstrating ability to provide for the child, savings, or financial planning for the child’s future. The Court wants to ensure the child’s financial needs will be met. Another category of evidence that can be useful in physical custody matters is the child’s education and health records. Report cards and school attendance records can show how the child is doing at school. Evidence of documentation of involvement in the child’s education (e.g., parent-teacher conference attendance) and medical records showing attention to the child’s health needs. This evidence shows your commitment to the child’s education and overall well-being.
It is also important to show evidence of your positive relationship with the child. Evidence of cards, letters, drawings from the child to you, as this is a good way to help the Judge see some of the child’s perspective. Testimonials from teachers, coaches, or counselors about your relationship with the child can be a crucial factor in your physical custody matter because the Court will get other perspectives and insights regarding your relationship with your child. The court considers the emotional bond between parent and child when determining custody.
The Court must also require evidence that demonstrates co-parenting skills. Items such as records of communication with the other parent about the child, evidence of flexibility in scheduling and willingness to cooperate, and documentation of adhering to existing custody or visitation agreements. Courts favor parents who can work together for the child's best interests. You also want to provide evidence of the other parent’s shortcomings (if applicable). Documentation of missed visitations or neglect of parental duties should be shown to the Court. Evidence of substance abuse, criminal activity, or records of domestic violence or abuse (police reports, protective orders). While courts prefer to keep both parents involved, serious issues affecting the child's safety or well-being are crucial factors in custody decisions.
Remember, every custody case is unique, and the weight given to different types of evidence can vary. It's essential to work closely with an experienced family law attorney who can help you gather and present the most compelling evidence for your specific situation. The attorneys at Ciyou & Associates, P.C. are skilled in handling child custody matters in Indiana. We are here to help you present key evidence in your child custody proceedings. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
