Evidence in Divorce & Fathers’ Rights

Evidence in a family law case refers to the information, documents, or testimony presented to the court to support or refute claims made by the parties involved. This evidence helps the judge make decisions on issues such as timesharing and visitation, custody, alimony, child support, property division, or other family law matters. Common types of evidence in family law cases include:

Documentary Evidence

1. Financial Records: Bank statements, tax returns, pay stubs, and expense reports to demonstrate income, assets, or debts.
2. Communication Records: Text messages, emails, and social media posts to show behavior, intent, or interactions between parties.
3. Legal Documents: Prenuptial agreements, custody orders, or divorce decrees.
   Medical or School Records: Evidence of a child’s health, needs, or performance in school.

Testimonial Evidence

1. Party Testimony: Statements made by the parties involved in the case.
2. Witness Testimony: Friends, family members, or professionals (e.g., teachers or counselors) who have relevant information about the situation.
3. Expert Testimony: Opinions from professionals like child psychologists, financial analysts, or social workers.

Physical Evidence

1. Photos relevant to issues in the case
2. Videos relevant to issues in the case
3. Physical items relevant to issues in the case

Demonstrative Evidence

1. Charts
2. Diagrams
3. Timelines
4. Other summaries that visually represent events or data to clarify complex issues

Circumstantial Evidence

1. Indirect evidence that implies a fact but does not directly prove it, such as showing a pattern of behavior.

Affidavits or Declarations

1. Written statements made under oath, often used in custody or restraining order cases.

Other Key Considerations:

1. Relevance: The evidence must relate directly to the issues in the case.
2. Admissibility: Evidence must comply with the rules of evidence, including being obtained legally and not being overly prejudicial or hearsay (unless exceptions apply).
3. Credibility: The court will evaluate the reliability and authenticity of the evidence.

Consulting an attorney can help ensure the proper gathering, presentation, and challenge of evidence in family law cases.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.