[Mommi]

What constitutes proof? I've seen several people advised that they should bring proof of their ex's actions to court, but I can't imagine what you can present that would not turn into a "he said, she said" situation. For example, if I were trying to prove an ex needed supervised visitation or an end to overnight visitation because the child was not bathed, changed, or attended to while the child was at the other parents house, what proof could I bring besides my own word?

[AK lawyer]

Your word is good proof, particularly if you come across as a credible witness, your ex doesn't, there are not contradicitons in your story, and there are contradictions in his.

If you have other witnesses to back up your version, that would help too.

If you have photographic evidence, that may help.

Statements made by the child, to you or others, may be inadmissible as being hearsay. And some family law courts are hesitant to hear testimony from the child, if it can be avoided.

[joypulv]

You are absolutely right. Ideally the court wants medical or school or SS reports. They will listen to your anecdotes to some extent, especially if you are well organized such as reading from a short list. You could try taking pictures of a diaper rash etc, but even that doesn't really prove anything and isn't going to help. Being unwashed and unchanged might very well not get you want you hope. Even lice and bedbugs are considered sort of nobody's fault by many courts. Cumulatively you might get somewhere, if it all adds up to enough signs of neglect, but I wouldn't count on it at all. Think of how many billions of the world's children are unwashed and unchanged and aren't removed from their parents. The courts are trying to keep children with each parent as much as possible.

[Mommi]

Thank you both for your prompt answers. If I may expand a little, would the note book's of my written accounts of problems (admittedly, I see your point joypulv what I view as unacceptable may not be seen as such by the court) from the last 8 years (with some sadly long gaps due to either lack of visitation with the ex or my own careless laziness) count for anything?

[cdad]

Proof is being able to convince another that something actually occurred. Direct testimony is accepted as proof but is weighed against the persons interest in a case. Photographic evidence is proof depending on how it is presented. Going on Myspace or Facebook can also be used as evidence (online activities). Police reports can be used to back up claims being made.

Passing medically sanctioned tests can also provide proof like drug testing or alcohol testing for abuse. DNA has been accepted as "proof" of paternity and maturnity. Documentation direct and indirect are proof. Indirect means showing there is a habit of doing something. Direct would be actual supporting records.

The list goes on.

[AK lawyer]

Thank you both for your prompt answers. If I may expand a little, would the note book's of my written accounts of problems (admittedly, i see your point joypulv what i view as unacceptable may not be seen as such by the court) from the last 8 years (with some sadly long gaps due to either lack of visitation with the ex or my own careless laziness) count for anything?

Yes, a journal is always a good idea, particularly in a family law case. It won't in itself be admissible, but it will be useful to show a pattern, to document dates and times, etc.