How do I win custody of my kids?

Hi, I am fighting custody with my baby’s father and I’d like to know what type of documents I need to present in court to win custody.
September 11, 2025 23 8

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Hi, I am fighting custody with my baby’s father and I’d like to know what type of documents I need to present in court to win custody.

Is there a current custody agreement in place?

Yes.

Have there been any significant changes in circumstances since the last custody arrangement was made?

Yes.

Is there anything else the lawyer should know?

No.

Benjamin

Hello, my name is Benjamin. I’ve been a licensed attorney for over 19 years. Are you saying the other parent is unfit—abusive, financially unfit, etc.? What you submit depends on what you want the court to consider.

The kids aren’t educated enough, they always fight each other, and they complain all the time. They say their father hits them. Now he is asking for child support even though I’ve been giving him money since 2021.

Benjamin

Have there been police reports or Child Protective Services reports? About education, are they missing school or just not doing well? And how have you been paying—do you have receipts or bank statements?

His mother takes care of the kids. She’s almost 70, sick, and caring for three kids. He told the court he pays for childcare, transportation, etc., but the kids are in public school and his mother cares for them. No police or CPS reports. They’re not doing well in school. I do have bank statements for the money I transferred. Last year camping, one child got burned on a grill while playing. I told him right away, but now he says I didn’t. He says many untrue things. I just want to prove I’m stable enough to have them with me.

Benjamin

If you filed for modification of custody, you’d need to show the kids are not in a stable environment. You should present:

  1. Proof they live with the grandmother, not the father.
  2. School records (grades, absences).
  3. Proof you’ve supported them (bank statements, transfers, texts, call logs).
  4. Proof of communication about the injury (texts, emails).
  5. Witness statements about the father’s treatment of the kids.

I made a parenting plan through this website. Not sure if it’s good. Any recommendations?

Benjamin

Yes, a proposed parenting plan is very favorable. Combine it with the documents above to show the children’s best interest is with you.

He’s only doing this because I won’t let him take our oldest son to football when I have them. He says he pays a lot for it, but wants to force me to let him go during my time.

Benjamin

 He can only force that if it’s in the custody agreement. If not, he can’t force you.

When we did the agreement, he didn’t say that.

Benjamin

Then he cannot force you during your parenting time.

Any other recommendations for me to win custody?

Benjamin

Yes. Present the evidence I listed—proof of grandmother’s care, school performance, your financial support, communication records, and witness statements. Show clearly that living with you is in their best interest.

Got it, thank you for your help.

Benjamin

You’re welcome. Please let me know if you have further questions. Have a wonderful day.

Thank you, have a good rest of your day.