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Documentation in Child Custody Cases
Guidelines for Parents in Conflict During Child Custody Cases

By Jennifer Wolf, About.com

In resolving child custody cases, it is often beneficial for parents to create a lasting record of the interactions between the other parent, the children, and themselves.

When to Begin Documentation in Child Custody Cases

  • When the other parent is inconsistent regarding your pre-arranged visitation schedule

  • When you notice a negative pattern in the children’s behavior or emotions following time spent with the other parent

  • When the other parent is threatening legal action against you

  • When you are concerned about your children’s physical well-being when in the care of the other parent

How to Record Documentation in Child Custody Cases

To create a lasting record of each interaction, use a spiral notebook or dated appointment calendar to record:

  1. Dates
  2. Times
  3. Topics discussed
  4. Duration of the phone call or visit
  5. Whether the interaction was spontaneous or part of your pre-arranged visitation schedule

For example, if your ex-wife was supposed to pick your daughter up at 3:00 PM for a visit, but never showed up or called to explain why, you would make a note of that, in ink, on your appointment calendar.

Additional Guidelines Regarding Documentation in Child Custody Cases

  • Be careful to keep consistent, daily records. Do not wait until several days or weeks have passed, as this makes it more difficult to remember the specific dates, times, and details.

  • Make sure that your tone is not negative or accusatory. Instead, use your appointment calendar to state indisputable facts.

  • Regarding audio recordings of telephone calls, know the laws in your state. Some jurisdictions do not allow you to record conversations, and doing so can cause you--or your case--more harm than good.

  • In addition, if you have a lawyer, discuss your plans with him or her, as your legal advisor may have specific additional instructions regarding how to handle documentation in child custody cases.

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