Tips for Documenting Custody Case Issues

Gain essential tips on documenting custody case issues to ensure fairness and protect your child's welfare.

Navigating child custody cases is not an easy journey. One crucial step is diligently documenting custody case issues. This practice not only helps ensure a fair process, but also safeguards your child’s best interests.

While custody battles proceed, I suggest my clients document any changes or issues that arise. This record aids in crafting an argument that supports my client’s stance. For instance, if your spouse wants more time with the kids, mark the dates when they missed, were late, didn’t take the kids to school on time, or didn’t complete homework on time.

Keeping a calendar or document on your phone for quick records is a handy idea. This way, you can note events as they happen, sparing you the struggle to remember them later.

Color-coding a separate visitation calendar for each parent can also help. This schedule provides a quick visual representation of the children’s whereabouts and is easy for young kids to understand.

Parenting Time Issues to Record

I recommend you record the following issues for your case:

  1. Late Pick-ups or Drop-Offs Note the actual pick-up and drop-off times. If your spouse is consistently late, start recording the delays. Occasional tardiness may be excusable, but recurrent lateness isn’t.
  2. Missed Visits Occasional cancellations are normal, but if they occur frequently, you need to keep a record. Consistent cancellations could provide a basis for you to request the court limit the other parent’s time with the children.

It can be helpful to keep a calendar or document on your phone where you can quickly record times when the event happens. On your phone, you can keep a calendar or document where you can easily note when events occur so that you won’t have to try and remember them later.

Parents can create a separate visitation calendar for each parent showing their time in a different color, making it easier to visualize. This kind of schedule can help you see where the children will be at a glance and is understandable to young children.

It’s perfectly normal to forget things occasionally or to have situations arise that require us to cancel plans; but if these occur frequently, you’d like to keep a record. If the other parent can’t stick to a routine, you may have a valid argument to request the Court to limit the amount of time the other parent spends with the children. On the other hand, if a parent does not spend time with the child, you cannot force them to use the visitation time. The absence of visits can be powerful evidence refuting the other parent’s request for custody.

Always discuss any issues with your attorney, especially if the other parent keeps canceling, forgetting, or refusing your visits. Such interference could lead to changes in custody. The ultimate aim is to provide your kids with a stable schedule that benefits everyone involved and, most importantly, serves the children’s best interests.


The process of documenting custody case issues is painstaking but necessary. By maintaining a thorough record, you advocate for your child’s best interest and ensure a just custody arrangement.

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

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