Five Ways to Present Evidence in Court

written by Fred Campos
Five Ways to Present Evidence in Court by

If you are fighting for custody, the day will come when you will have your final hearing. To truly win custody and prove you are the better parent, you will need to present lots of convincing evidence in court. Sadly, your personal testimony weighs very little with the judge. So what evidence do you need, and how should you present it in court? Here are my five suggestions for showing good evidence in court.

1. Evidence in Court: Testimony from Key Witnesses

More so than your family or friends who have come to support you, key witnesses are an important element of your case. Witnesses such as your case worker, if you won the recommendation from the social study, the school’s attendance clerk, if your Ex is having trouble getting Johnny to school, or your child’s pediatrician, if your Ex is having trouble keeping up with the shot records. These are key witnesses. Your father who is going to testify that you are a super parent, or your new girlfriend who going to say “You are best Dad ever!” are not.

2. Evidence in Court: Your Daily Journal & Notes

We as a society, give much more credibility to documentation and those who routinely take notes. Two parents can give a verbal testimony to what happened at an exchange. Or excellent parent with written notes can refresh his memory and show better proof. The parent with a day planner, with daily entries can say…

“Written in my notes, on February 6, 2016 at 10:13a, at the McDonald’s on Hwy 360 and Pioneer Road, my Ex driving her green Ford Explorer, license plate XFD-567, cussed me out and grabbed Johnny on the right arm. Then she dragged Johnny to her vehicle and left before the police could arrived.” Which parent would you believe?


Court Calendars


3. Evidence in Court: Calendars

As we stated previously in Documenting Time with Your Kids, calendars much like journals and notes, provide another way to visually explain the time with your kids. Calendars are great evidence to perhaps also show weeks that your Ex has denied visitation. I kept a calendar by the phone and tracked all denied visits and court related problems with my Ex. Before my day in court, I went to a teacher store and bought to 5’x3′ calendars to present in court. Visual evidence is excellent testimony.

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4. Evidence in Court: Flip Charts

Again like calendars and notes, if there is a frequency problem, perhaps presenting it in a graph would speak higher volumes than saying my Ex denied me 43 visits in 2001. Showing that information graphical is excellent.


Photo Albums Presented in Court


5. Evidence in Court: Photo Albums

For all the evidence you could possibly present in a custody case, I believe having kid centric photo albums are the most influential evidence you could present. Seeing 100s of pictures of you being a Dad to your kids is extremely hard to argue with. Having picture evidence of what you do with your kids while your Ex testifies you don’t do anything, speaks volumes to the judge.

Talk and coordinate with your attorney, but preparing good evidence is the lion’s share of your job. These are just a few of the way you can present evidence in court for your child custody hearing.

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What evidence did you present in court? What other ideas would you add?

Images from my own court case and



  1. Janet

    I’m a mom wanting my kids’ dad to be more involved, for their sake. I have been on both sides of this spectrum. My ex-husband had a psycho first wife. I witnessed it. At every turn, she took him to court to take their son from him. She had “documentation”. Can I make a suggestion? When having documentation, make sure it is including both parents’ words, HONESTLY, not just one side of the story. And when a visit is “denied”, make sure it is truly denied, because there was scheduled parenting time and it wasn’t given, or that parenting time was asked for during a logical time, like 4-7pm Tuesday evening, not 7-10pm. The judge may ask specifics, and you need to be able to give truthful answers. Have evidence, like phone records, text messages, emails, and good old snail mail. These things are a great help.

  2. Britney Morrisseau

    We are going to court for father to get more visitation. We have a photo album to take with us. Do we need to submit this album as evidence?

    • FullCustodyDad

      Talk with your attorney, but usually yes you will tag and market it as an exhibit.

      • Britney Morrisseau

        Do we do this the day of court or before court?

        • FullCustodyDad

          I had to present mine ahead of time both in the discovery and listed as exhibits for my court hearing. My suggestion is to talk with your attorney just to make sure.

          • Lisa

            How is your relationship with your child now? Was your child mentally abused, physically abused? Was your child neglected, no food, failed to take the child to doctor’s appointments? Did she not have a phone or couldn’t drive not have any real means of transportation? Fi ally did you represent yourself? I was told unless they have been arrested or on drugs father’s will get some rights but never full custody. Just curious because I am preparing to fight for my grandparent’s rights after the death of my daughter who was never married to him and recently found evidence that he sexually harassed her. I like many other grandparents help to raise the child and death occurs and away with the child. I commend and admire you for fighting for your child.

          • FullCustodyDad


            thanks for the comment. My daughter is grown and off to college now and the relationship is great. Different as a parent of grown child but awesome, nonetheless. I did not represent myself but had a fabulous attorney. I think representing yourself many times can be foolish. Too many variables. Good doctors no better than to operate on themselves and I even know attorneys that would not represent themselves in pursuing any type of custody.

            Good for you for fighting for what is right. I know plenty of super grandparents who do a great job raising their grandkids. Hang in there. Let me know if there is anything I can answer that might help.

  3. Lisa

    Thank you so very much I am grieving the death of my child and grieving for my grandchild. I warned my daugther several times to document everything. She thought he wouldn’t take me back to court. Famous last words! The visual was an outstanding idea. 25 years of educating students, I know the importance of having visual aides not only to explain but it keeps the information as a remider too! Thank you very much for your support. In cases like your, my daugther’s, and my friend who was falsely accussed of domestic violence I started watching following proposed laws ordiances etc. several bills were passed and steamed rolled through. Wills are very important at any age. Although she had me as her custodial parent while serving in Iraq, it is federal not state. He also used her services away to accuse her of abanding her child when he encouraged her. I have the emails that state it. Again thank you!

  4. Concerned parent

    I have phone recordings of my kids saying that their dad is mean, emotionally abusive and negleful, and forces them to do extracurricular activities they hate. Can I use this in court?

    • Fred Campos

      Concerned Parent,

      The short answer is maybe, check with your attorney and local and state requirements. In Texas, and in my county, you can present tape recordings in court if: a) You transcribe and have 3 or 4 copies (yours, opposing council, and the judge), b) One of the two parties recording knows they are being recorded and initiates the recording (you cannot record two other individuals, only yourself and another), c) at the end of the recording you specify the time, date, recorder, and the parties on the line, d) you bring the tape and the record to court to be examined, e) it is relevant to a 3rd party. For example, a Dad forcing his kids to do chores that they hate–might seem terrible to you, but might seem like great parenting to a third party. So it is quite complicated at best.



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