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Custody evidence checklist

"Bring whatever documentation you have" is the instruction; this checklist is what it actually means. It covers the eight categories of records that come up in custody matters, the preservation habits that keep evidence usable, and the organizing structure attorneys quietly wish every client used.

Quick answer: Gather records in eight categories: existing orders and agreements, parenting time records, communication records, expense records with receipts, school records, medical records, dated photos, and witness details. Preserve originals, organize chronologically within each category, and never record calls without checking your state's consent law.

The eight categories

**Orders and agreements:** current custody order, parenting plan, informal written agreements, relevant emails where terms were agreed.
**Parenting time records:** your log of scheduled vs actual time, missed exchanges, makeup time — see how to prove parenting time.
**Communication records:** significant texts and emails, preserved as screenshots plus originals; a running communication log.
**Expense records:** child-related costs with receipts, who paid, reimbursement requests and outcomes.
**School records:** attendance, report cards, teacher communication, who attended conferences and events.
**Medical records:** appointments, who scheduled and attended, treatment decisions, insurance issues.
**Photos and video:** dated, with context — what it shows and why it matters.
**Witness information:** names and contact details of people who observed relevant events (teachers, coaches, neighbors, family). Note what each actually witnessed.

Preservation rules that prevent regret

**Keep originals.** A screenshot of a text is a copy; the thread on the phone is the original. Don't delete threads, emails, or photos after screenshotting — deletion is the single most common self-inflicted evidence wound.
**Back up.** Phone backups plus a second location for the critical items.
**Keep metadata.** Original photo files carry timestamps and location data; edited or re-saved copies may not.
**Date everything.** An undated photo of a bruise, an empty fridge, or a car seat proves almost nothing.
**One warning: recording calls.** Consent laws differ sharply by state — some require all parties to consent, and violations can be criminal and can poison otherwise good evidence. Do not record calls or conversations without checking your state's law or asking your attorney first. Texts and emails you received don't carry this problem.

Organizing for review

Professionals read organized records fast and disorganized records never. The structure that works: within each category, order items chronologically; label each item with date and one line of context ("2026-03-06 — text, J late pickup 52 min"); then keep a master timeline of major events across categories. That timeline is usually the first thing an attorney or mediator actually reads.

This is, not coincidentally, what Casewell automates: entries are categorized and timestamped as you go, evidence attaches to events, and the export produces the chronological, filtered bundle — timeline, expenses, or full record — that this checklist builds by hand.

What not to bring

Volume is not strength. A 300-page unsorted dump costs you credibility and billable hours; ten well-chosen, well-labeled exhibits beat it every time. Leave out: evidence about the other parent's new relationships absent a genuine child-welfare link, years-old grievances predating the current dispute, and anything obtained by snooping through accounts that aren't yours — which can be illegal and reliably backfires. When unsure, bring the item to your attorney's attention and let them decide. See preparing custody evidence for the fuller preparation process.

What evidence matters most in custody cases?

Courts focus on the child's best interests, so evidence about parenting time actually exercised, involvement in school and medical care, communication patterns, and the child's daily welfare typically matters more than grievances between parents.

Can I record phone calls with my co-parent?

Only if your state's consent law allows it — some states require every party's consent, and violations can be criminal. Check your state's law or ask your attorney before recording anything.

How should I organize custody evidence for my attorney?

By category, chronologically within each, every item labeled with a date and one-line description, plus a master timeline of key events. Organized records take less attorney time, which costs you less.

How Casewell can help

Casewell helps you keep calm, timestamped, organized documentation with attachments and PDF exports for attorney review, family court preparation, mediation, or your own records.