Hearing PreparationChecklist

How to Create an Evidence Binder

By DadsFight3 min read
evidencebinderhearing-preporganization

The Binder That Wins Cases

Judges see hundreds of cases. The parents who show up with organized evidence get more of the judge's attention and respect. An evidence binder shows you're serious, prepared, and capable.

What You Need

  • 3-ring binder (1.5 to 2-inch)
  • Tabbed dividers (at least 9 tabs)
  • Page protectors (for originals)
  • Table of contents sheet
  • 3-hole punch
  • Sticky tabs for quick reference
  • A pen (for notes during the hearing)

Organization Structure

Tab 1: Table of Contents

A simple list of what's in each tab with page numbers. This tells the judge you're organized.

Tab 2: Court Orders

  • Current custody order
  • Any prior orders
  • Temporary orders
  • Restraining orders (if applicable)
  • Highlight the specific provisions at issue

Tab 3: Financial Documents

  • Recent pay stubs (last 3 months)
  • Tax returns (last 2 years)
  • Monthly budget/expense sheet
  • Child-related expenses
  • Insurance information

Tab 4: Communication Records

  • OurFamilyWizard or TalkingParents printouts
  • Relevant text message screenshots (organized by date)
  • Email printouts
  • Highlight key messages that support your position

Tab 5: Child Records

  • School report cards and progress reports
  • Attendance records
  • Teacher communications
  • Medical records (relevant visits)
  • Therapy notes (if applicable and releasable)
  • Extracurricular records

Tab 6: Documentation Log

  • Your journal entries (relevant selections)
  • Custody exchange log (dates, times, issues)
  • Violation log (if filing contempt)
  • Organized chronologically

Tab 7: Photographs and Evidence

  • Photos with date descriptions
  • Screenshots of relevant social media
  • Any physical evidence copies
  • Each item labeled with date and brief description

Tab 8: Witness Information

  • List of witnesses with:
    • Name and relationship
    • Contact information
    • What they can testify about
  • Written statements or declarations from each willing witness

Tab 9: Character References

  • Letters from employers
  • Letters from community members
  • Letters from family members
  • Each should speak to your parenting, character, and involvement with your children

Binder Rules

  1. Number every page — use a stamp or handwrite
  2. Date everything — if something doesn't have a date, add one
  3. 3 copies minimum — one for you, one for the judge, one for the opposing party
  4. Quality over quantity — 30 powerful pages beats 300 pages of noise
  5. Don't include irrelevant material — everything should directly support your position
  6. Originals in protectors — give copies to the court, keep originals
  7. Chronological within each tab — most recent last

What Judges Want to See

  • Evidence of your parenting involvement (activities, school, medical)
  • Communication that shows you're the reasonable, child-focused parent
  • Documentation of violations or concerns (specific, dated, evidence-backed)
  • Your stability (employment, housing, support system)
  • That you've done your homework and taken this seriously

What to Leave Out

  • Social media stalking results that make you look obsessive
  • Irrelevant character attacks on the other parent
  • Evidence obtained illegally (unauthorized recordings in two-party consent states)
  • Anything you wouldn't want the judge to see you presenting
  • Duplicates of the same document

Presenting Your Binder in Court

  • Hand copies to the judge and opposing party when appropriate
  • Reference specific tabs and pages: "Your Honor, if you'll turn to Tab 4, page 12..."
  • Don't shuffle through papers nervously — know where everything is
  • Use sticky tabs to mark your most important exhibits for quick access

Next Steps

  1. Buy your binder supplies today
  2. Start organizing your existing documents into the tab structure
  3. Print your communication records from your co-parenting app
  4. Request school and medical records if you haven't already
  5. Assemble and review the final binder at least one week before your hearing

This information is for educational purposes and is not legal advice. Always consult a qualified attorney for your specific case.

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