What Evidence Do Courts Look at in Custody Disputes?

 Posted on November 14, 2025 in Child Custody

Disagreements about child custody can lead to drawn-out legal disputes in court. No matter the case, the judge will rule in favor of protecting the child’s well-being. As a parent seeking custody, you should come prepared with evidence showing that you can address your child’s needs and support his or her healthy development. A St. Charles, IL family law attorney can help you compile evidence to strengthen your case and advocate for your parental rights.

At Weiler & Associates, Inc., we have the resources and legal knowledge to assist with contested divorces involving child custody matters. Since 1982, our firm has served as a guiding beacon for clients facing family law issues, and we focus on protecting our clients’ rights through dedicated advocacy.

Three Kinds of Evidence in a Child Custody Case

Under Illinois law, the court will not infringe on your right to parenting time unless allowing it would endanger the child in some way (750 ILCS 5/602.7). However, if you are going through a custody dispute for any reason, you will still need to present evidence of your positive involvement in your child’s life.

Witness Statements

If you are accused of not being a fit parent, witness testimony can help you challenge assumptions made about your character. For instance, statements from family members or the child’s teacher may show that you have a strong bond with your child, or that you have consistently been present in your child’s life.

In especially contested cases, the child’s testimony may also be relevant, depending on his or her age and maturity. That being said, if you are accused of coaching the child or alienating him or her from your co-parent, it will invite increased scrutiny from the court.

Communication Between Parents

In high-conflict divorces, the courts can consider an award of sole custody to avoid exposing the child to a stressful home environment. If you have made good-faith efforts to try to facilitate your child’s relationship with his or her other parent, it could reflect better in the court’s eyes. The court may look at records of correspondence between you and your co-parent, such as text messages about the child, to see how you have attempted to work together in the past.

Child’s Health Records

Documentation about the child’s health plays an important role in deciding how custody should be allocated. For example, if your child has a health condition that requires special attention, like regular checkups or therapy, you might argue for a custody arrangement that allows you to better address those needs. You could argue that you have made special accommodations in your home for your child’s condition, which could influence how parenting time is allocated.

Medical documents showing a formal diagnosis can give legitimacy to your claims about a child’s health. Our firm can help you compile and organize important documents for your case.

Contact a Kane County, IL Family Law Attorney

In a contested custody case, having a solid foundation of evidence to back up your claims will strengthen your case. At Weiler & Associates, Inc., our St. Charles, IL child custody lawyers can help you identify crucial evidence to make a persuasive argument to the court. To schedule an initial consultation, call us at 630-331-9110 today.