Attorney
If you have ever watched an episode of Hoarders or stopped your scrolling when you saw someone deep cleaning a dirty car, you know what can happen when your impulse to save things gets out of control. Items pile up, it gets overwhelming, and important stuff gets lost when the clean-up involves literally taking out trash and throwing it in a dumpster.
Then on the other end of the spectrum, you have Marie Kondo telling you to toss anything that doesn’t bring you joy, and minimalist designers glamorizing the sad, beige, and empty aesthetic.
Most of us live somewhere in the middle, where we get to agonize over whether we are keeping too much or too little. And when it comes to preparing for a child custody case, finding that balance is critical. You don’t want to drown in paperwork and other evidence of your parenting prowess, but you also need to come to the negotiating table with clear and compelling evidence that your preferred child custody arrangement is best.
If you are struggling to figure out what sort of records to keep as you prepare to file a child custody lawsuit, or negotiate a child custody agreement as part of a divorce, Attorney Bob Matteucci has a few tips for you.
These are the main records Bob suggests families in the Albuquerque area gather together in order to craft a child custody agreement that meets their unique needs:
Legal Documents and Previous Court Orders
If there has been any prior litigation between you and your child’s other parent, these documents will be crucial.
- Previous Custody Agreements or Orders: If you’ve had any prior custody arrangements, these will form the baseline for your current case. Any modifications or disputes related to these orders should also be documented.
- Prenuptial or Postnuptial Agreements: These may affect financial decisions related to custody and child support.
Information About Your Child’s Current Lifestyle
New Mexico state law presumes that it is best for children to spend time with both parents, and prefers when parents share decision making authority. If left up to the courts, they often take this to mean that parenting time (aka physical custody) and parenting responsibility (aka legal custody) should be split 50/50.
Negotiating a different outcome, or simply figuring out the details of how a 50/50 split will work means it is time to take a closer look at what the child’s day-to-day life is currently like, and determine what is in their best interests going forward.
Here are some of the records it is helpful to have on hand during this process:
- Parenting Schedules and Logs: If you and the other parent have already been sharing parenting duties, maintain a detailed log of when and how much time you’ve spent with the child. This should include school pickups, extracurricular activities, and any overnight stays.
- School and Extracurricular Involvement: Records of parent-teacher meetings, report cards, and involvement in school events demonstrate active engagement in your child’s education.
- Medical Records: If your child has any medical conditions, compile a complete record of doctor visits, treatments, and any medical-related activities you handle.
- Communication Records: Save text messages, emails, and call logs with the other parent that pertain to parenting decisions, schedules, or disputes. These communications may show your willingness to co-parent.
Home Environment Records
When deciding how much time a child will spend with each parent, it is necessary to consider each parent’s ability to provide a stable and enriching environment for their child to live in. Evidence of this might include:
- Home Ownership or Lease Agreements: Proof of your current living arrangement is a key record to have on hand.
- Photos and Videos: Consider providing images or video tours of your home to illustrate the quality and safety of your child’s living environment. Focus on amenities such as private rooms, study spaces, or outdoor recreational areas.
- Security Measures: If you have invested in security systems or live in a gated community, documentation of these measures may support your case that your home is a safe, stable environment for your child.
Testimonies and References
If you suspect your case will be contentious, it may be helpful to consider who could provide testimony about your parenting ability. Focus primarily on documenting your ability to parent instead of trying to prove your child’s other parent is unfit to parent.
- Professional Childcare Providers: If you employ nannies, tutors, or other professionals, their statements regarding your involvement and care for the child can be powerful.
- Character References: These could include family members, colleagues, or professionals who have firsthand knowledge of your parenting style and involvement.
- Expert Witnesses: Depending on the complexity of the case, consider consulting a child psychologist or custody evaluator early in the process. Their reports can be pivotal if there are any concerns about the child’s well-being.
Financial Records
Although child support is calculated after a child custody agreement is reached, it does not hurt to have this information handy as well:
- Tax Returns & W-2 Forms: At least the last three years’ worth of tax returns. This demonstrates your financial stability and income consistency.
- Bank Statements: Provide a clear picture of your day-to-day finances and investments. This is especially important if child support or educational expenses are an issue.
- Investment and Retirement Accounts: For higher-net-worth individuals, showing your long-term financial health can help demonstrate stability for your children’s future.
Serving Families with Dignity & Compassion
Crafting a child custody agreement is often the most difficult part of splitting up with your child’s other parent. Being proactive about organizing your records so you can make a strong case for your preferred parenting plan is the best way to protect your rights and your child’s well-being.
Attorney Bob Matteucci is ready to guide you through this process and ensure that your child custody agreement meets your family’s needs. Contact the Matteucci Family Law Firm today to set up a meeting and discuss your case.