Key Witnesses in a Custody Case

Custody cases, like any other case, requires witnesses to testify about important facts. This testimony can occur in a trial or hearing where evidence is taken for purposes of the court making a decision on custody issues. Every person who is involved in a custody case should consider some key witnesses that can make or break a custody case. Here are three important types of witnesses to use in your custody case.

#1: Experts: Sometimes the court will appoint their own expert known as a custody evaluator or 11-706 expert. In addition consider hiring your own custody experts to direct you the details and complexities of a custody trial. Experts can help develop the psychological evidence needed to show the best interests of the child to the court. If anything your own hired expert can also help you develop a strategy to attack a Guardian ad Litem or the court’s appointed expert.

#2: Secondary Sources: Of course parents will want to testify about their custody preferences, but often times parents forget the power of secondary sources. Sources such as teachers, coaches, neighbors are great secondary sources that can give the court an clear picture of what is happening in the child’s life.

#3: Created witnesses: These type of witnesses are those you can think about in terms of creating evidence. The most common type of created witness is a counselor or therapist. Witnesses that you hire for the purpose of helping the child and gathering evidence that can then be used to pass along important information to those involved in the decision making process.

These are three types of witnesses to use in a custody case. To learn more about how to use these witnesses and other custody tips contact our custody experts at or call us at 505-880-8737.