What Evidence Is Needed to Secure a Favorable Child Custody Agreement?
Aug. 22, 2025
Seeking custody of your child can be a complicated and emotional process. Whether you're facing a divorce, separation, or are simply advocating for the best interests of the child, it's crucial to have the right evidence in order to secure a favorable child custody agreement. But what evidence should you gather?
At Iwanyshyn & Associates, we are experienced in guiding clients through the child custody process. By understanding the types of evidence that courts consider and knowing how to present it effectively, our attorneys can build a compelling case that prioritizes your child’s best interests.
The Concept of the "Best Interests of the Child"
In Pennsylvania, the courts base all custody decisions on what is in the “best interests of the child.” However, the courts will require detailed evidence in order to determine this standard. Under 23 Pa. C.S. § 5328(a), the courts will consider ten primary factors, including:
Which party is more likely to ensure the safety of the child
Any present or past abuse committed by a member of the household
A willingness and ability of the each parent to prioritize the needs of the child
The ability of each parent to provide stability and continuity in the child's education, family life and community life
The child's sibling and other familial relationships
The preferences of the child; however, this is only considered if the child is of sufficient age and maturity to render a judgment
The distance between each parent's residence
Each party's employment schedule and availability to care for the child
Any history of drug or alcohol abuse
The mental and physical condition of each parent
In Pennsylvania, the courts will carefully evaluate these factors to make sure the child’s safety, stability, and overall well-being are supported and prioritized. An experienced family law attorney can help you better understand these requirements and promote your case.
Types of Evidence Needed for a Strong Custody Case
When preparing for your custody case, it is crucial to gather and present a variety of evidence that supports your claim to custody. The primary types of evidence that may be helpful in demonstrating your ability to provide a stable and loving environment for your child in Pennsylvania include the following.
Documentation of Parenting History
Your ability to provide a safe and stable environment for your child is one of the most significant factors the court will evaluate. Therefore, it's important to have documentation that shows you have been actively involved in your child's care, such as:
School records, including report cards and attendance records
Medical records, including doctor visits and vaccinations
A detailed parenting journal or calendar showing your participation in school events, doctor’s appointments, extracurricular activities, and daily routines.
Testimonies from teachers, daycare providers, or coaches who can attest to your consistent involvement in your child’s life.
Additionally, if you currently serve as the child's primary caretaker, documentation of this role can strengthen your case.
The Child’s Preferences
If your child is of sufficient age and maturity, the court may consider their preference when determining custody arrangements. While Pennsylvania law does not specify a set age, children around or over the age of 12 are more likely to have their input taken into account. However, it is key to make sure any expression of preference is clearly in the child's best interest and free from coercion.
Communication Records
The nature of your communication with the other parent and your child can serve as critical evidence. The courts favor parents who demonstrate a willingness to foster a cooperative co-parenting relationship. Some important evidence may include:
Text messages, emails, or other forms of communication showing civil and collaborative interactions with the other parent regarding the child.
Documentation of your attempts to accommodate visitation schedules or address co-parenting challenges respectfully.
Living Arrangements and Home Environment
The suitability of your home environment is another key component in securing custody. Some evidence that you can provide a safe and supportive home environment may include:
Photographs of your home and the child’s living space to demonstrate a secure and clean environment.
Lease agreements, mortgage statements, or utility bills showing stability and financial responsibility.
School district information showing that your residence provides educational opportunities tailored to the child's needs.
Character Witnesses
Witness testimonies can be pivotal in demonstrating your character and relationship with your child. Credible witnesses may include friends, family members, neighbors, or professionals who have observed your parenting skills and commitment. Be sure that witnesses are prepared to provide an impartial and honest account.
Evidence of Abuse, Neglect, or Addiction
If the other parent has a history of abuse, neglect, or substance misuse, you must be able to substantiate this evidence carefully. Presenting such claims without adequate proof can harm your case. Key evidence for showing signs of abuse or neglect may include:
Police reports, protective orders, or court documents showing a history of domestic violence or abuse.
Testimonies from medical or mental health professionals who have treated the child or you for issues related to the other parent's behavior.
Documentation of criminal records, drug rehabilitation, or ongoing substance misuse testing, if applicable.
Financial Stability
Although financial stability is not the sole factor, it contributes to securing a favorable custody agreement by demonstrating your ability to meet the child’s needs. Some aspects to consider include the following.
Pay stubs, tax returns, or bank statements that reflect your financial capacity to provide for the child.
Records of child support payments, if applicable, to show consistency and reliability.
While collecting evidence is important, it's only half the process. Presenting it effectively is equally critical, and the courts value clarity, organization, and professionalism. Working with an experienced attorney helps ensure that your evidence is both compelling and admissible.
How to Prepare for Custody Evaluations or Hearings
In some cases, the court may order a custody evaluation by a neutral third party, such as a psychologist or other mental health professional. These evaluations involve interviews, home visits, and observations of interactions between parents and the child. Some of the ways you can prepare for a custody evaluation include the following:
Being cooperative and transparent during interviews or observations.
Presenting your home as a safe, stable, and nurturing environment.
Staying focused on the child’s best interests rather than criticizing the other parent.
An experienced family law attorney can help you prepare for any court hearings and equip you with strategies to address unexpected questions or disputes.
Trust Iwanyshyn & Associates to Support You
At Iwanyshyn & Associates, we recognize that your child’s future is your top priority. Custody cases in Pennsylvania demand a careful balance of emotional resilience and meticulous legal preparation. By helping you gather and present the necessary evidence, we aim to help you secure an arrangement that aligns with your child’s best interests and affords you the opportunity to be a constant presence in their life.
If you are preparing for a child custody case, reach out to our office. Located in Allison Park, Pennsylvania, we serve clients throughout the state, including Butler County and the surrounding areas. Contact us today to schedule a consultation.