1. Communications between the parents

The foundational evidence in essentially every high-conflict case. Move everything to documented channels and keep originals intact.

Text messages

Why: judges trust contemporaneous written records far more than testimony about what was said.

  • Full thread exports, not screenshots. Use a third-party app (iMazing, SMS Backup & Restore) or your phone's built-in export. Save as PDF and CSV.
  • Preserve metadata: timestamps, sender, full conversation context. Cropped screenshots can be challenged.
  • Back up monthly. Phones get lost, broken, or wiped.
  • Save in dated folders (e.g., texts-2025-Q1.pdf).

Emails

Why: emails are usually the cleanest, most admissible record in your file.

  • Keep originals in your inbox. Don't delete, even if you don't reply.
  • Forward to a dedicated case-only email address as a backup.
  • Export periodically as PDF (Print → Save as PDF works fine).
  • Never delete email threads, including the ones you regret sending.

Co-parenting app records

Why: these apps are designed for court admissibility. Use the features.

  • Use the app for every meaningful interaction. If it's not in the app, it didn't happen.
  • Export the official court report monthly (most apps offer this).
  • Save tone-monitor scores if your app provides them.
  • Keep a copy of any expense submissions and reimbursement records.

2. Schedule & exchanges

One of the most persuasive evidence sets in family court — and one of the most under-maintained. A year of consistent exchange records, dryly presented, can carry an entire hearing.

Exchange log

Why: patterns of lateness, no-shows, and refusals are pattern evidence. One incident is excusable; thirty is a record.

  • Date, time scheduled, time actually arrived, who was present, where it happened.
  • Note any issues (late, no-show, refused exchange, child not ready, etc.).
  • Update it within 24 hours, not days later.
  • Spreadsheet format is fine; even a paper notebook works.

Schedule modifications

Why: who proposes changes, and how often, tells the court a story.

  • Save every request to swap, cancel, or modify time.
  • Save your responses and the outcome.
  • Track which parent typically initiates changes and which typically accommodates.

Missed time

Why: courts care a great deal about parental time that was lost — especially when withheld by one parent.

  • Document every cancelled or missed visit, who cancelled, the stated reason, and any pattern.
  • Note time withheld in violation of the order specifically.
  • Preserve any messages where the other parent acknowledges the cancellation.

3. Third-party records

Records created by neutral third parties carry more weight than anything you create yourself. Build these into your file deliberately.

Medical & therapy

Why: pediatricians and therapists are neutral witnesses with contemporaneous records.

  • Pediatrician visit summaries. Note which parent attended.
  • Vaccination records, prescription records, allergy notes.
  • Children's therapy notes (with appropriate releases — coordinate with your attorney).
  • Records of medication management, especially when one parent has been uncooperative.
  • Dental and vision care records.

School & daycare

Why: schools track attendance, parent contact, and emergency information neutrally.

  • Report cards and progress reports.
  • Attendance records, including tardies and early checkouts.
  • Sign-in sheets at school events, parent-teacher conferences, plays, sports.
  • Email correspondence with teachers and administrators.
  • Emergency contact card — verify who is listed and that you are reachable.
  • Records of school-related decisions (registration, IEP meetings) and which parent participated.

Other providers

Why: extracurriculars, tutoring, and child care all generate records of which parent shows up.

  • Sports coaches, music teachers, tutors, religious instructors.
  • Babysitter logs (if applicable).
  • After-school programs and summer camp records.
  • Anyone who regularly interacts with the children and could be a fact witness.

4. Financial records

Financial documentation matters for both child support / spousal support determinations and for establishing patterns of financial control or hiding.

Your own finances

Why: you'll need to prove your own numbers and your reasonable expenses.

  • Tax returns for the last 3 years (5 if available).
  • Pay stubs or proof of income for the last 12 months.
  • Bank statements (checking and savings).
  • Credit card statements showing household and child-related spending.
  • Mortgage / rent records and utilities.
  • Insurance policies (health, auto, home, life).

Child-related expenses

Why: these underpin requests for support and reimbursement.

  • Daycare and after-school program receipts.
  • Health insurance premiums for the children.
  • Uninsured medical expenses and orthodontia.
  • Extracurriculars, lessons, camps, sports fees.
  • School supplies, uniforms, field trips.
  • Clothing, especially seasonal.

The other parent's finances (what you can document)

Why: hidden assets, undisclosed income, and lifestyle inconsistent with claimed income are common in high-conflict cases.

  • Joint accounts from the marriage, including statements.
  • Tax returns filed jointly during the marriage.
  • Property records (mortgage, deeds, business filings).
  • Anything suggesting lifestyle inconsistent with reported income: vacations, vehicles, cash purchases, business activity.
  • Do not snoop where you don't have legal access. Work with your attorney on formal discovery.

5. Safety & wellbeing

If safety is an issue in your case, the documentation requirements are different and more urgent. Coordinate closely with your attorney.

Incident records

Why: courts respond to documented safety concerns, not asserted ones.

  • Police reports, even if no charges were filed. Request copies; don't just rely on the case number.
  • 911 call records (request transcripts where available).
  • Protective order filings, hearings, and any orders entered.
  • Photographs of injuries — date-stamped, with metadata preserved.
  • Medical records corresponding to any injuries.
  • Witness contact info for anyone present at incidents.

Substance, mental health, and fitness concerns

Why: assertions are nearly useless; documentation is essential.

  • Records of DUIs, arrests, or convictions (public records search).
  • Documented incidents observed by professionals (doctor, teacher, GAL).
  • Records of mental health treatment if it has been court-ordered or documented in the case.
  • Records of failed drug tests if ordered.
  • Texts or voicemails from the other parent acknowledging the issue.

6. Your own contemporaneous records

These are not as powerful as third-party records, but they fill gaps and demonstrate the consistency that builds credibility.

Daily journal (case-relevant)

Why: a simple, restrained log is far more useful than long emotional entries.

  • Format: date, time, who, what happened, what was said.
  • Restrained and factual. Save the feelings for therapy.
  • Created in real time, not reconstructed weeks later.
  • Note any communication channel used and any third parties who witnessed events.

Follow-up emails summarizing verbal interactions

Why: a written summary of a phone call creates a documented record where none existed.

  • Send same-day, factual: "Following up on our call at 4:15: we discussed X, you agreed to Y, next step is Z by Friday."
  • Keep these short and bloodless. Do not editorialize.
  • If they respond contradicting it, save their response. If they don't respond, the email stands as the record.

Photographs — sparingly

Why: a few well-chosen photos help; hundreds of photos make you look obsessive.

  • Documented injuries (date-stamped, full context).
  • Significant safety hazards in the other parent's home (if applicable and lawfully obtained).
  • Children's belongings or medication left behind.
  • Significant events (graduations, birthdays, milestones).
  • Not: every minor irritation or every drop-off.

7. Organizing the file

A judge will not read 800 pages of unsorted records. Your attorney will not find the right text the night before trial. Organization is part of the documentation.

Master chronological index

Why: this is the working document that lets your attorney find anything on demand.

  • A single spreadsheet (or document) sorted by date.
  • Each row: date, one-line description, reference to the source file.
  • Update weekly. Don't try to reconstruct it before trial.

Source folder structure

Why: keep originals intact; never edit a source record.

  • Top-level folders by source: /texts/, /emails/, /medical/, /school/, /financial/, etc.
  • Subfolders by year or quarter.
  • Never crop screenshots in a way that loses context.
  • Back up to cloud storage. Then back up the cloud storage.

Topic files for recurring issues

Why: when an issue keeps coming up, you want a dedicated, build-ready exhibit folder.

  • If exchanges are a recurring issue: /exchange-issues/ with the master timeline of incidents.
  • If medication is a recurring issue: /medication/ with the timeline and the corresponding records.
  • Cross-reference back to the chronological master index.
  • Update as new incidents occur.

8. What not to put in the file

Some "evidence" is worse than no evidence. These categories actively hurt your case — even when they feel like they should help.

Long emotional emails to your ex

Why: anything you wrote in fury at 11pm will be read aloud at trial by opposing counsel.

  • Three-paragraph self-justifications.
  • Anything written while drinking.
  • Anything you sent during a manic stretch of preparing your case.
  • Anything you'd be embarrassed for the judge to read word-for-word.

Social media commentary about your ex

Why: everything is discoverable. Cryptic captions and supportive friend comments will be screenshotted in the worst possible context.

  • Subtweets, vague Instagram captions, "some people don't deserve their kids" posts.
  • Shared memes about narcissists or divorce.
  • Comments your friends or family make on your posts about the case.
  • Best practice: stop posting about anything case-related, full stop.

Recordings made in violation of your state's law

Why: illegal recordings get excluded, get you sanctioned, and in some states get you criminally charged.

  • One-party-consent vs. all-party-consent rules vary by state — know yours.
  • Recording in violation of a protective order is its own offense.
  • Recording the children almost never plays well, regardless of legality.
  • Always consult your attorney before recording anything.

Hearsay from your supportive network

Why: your sister's opinion of your ex is not admissible and looks like you don't have real evidence.

  • Friends' and family members' opinions about your ex.
  • Reports of what mutual friends "told you" the other parent said.
  • Your network's amateur psychological analyses.
  • Save these people for emotional support. Save the actual fact witnesses (teachers, doctors, neighbors) for the case.

Endless analysis of your ex's psychology

Why: it isn't admissible, it makes you look obsessed, and it distracts from the documented conduct that is admissible.

  • 30-page documents analyzing narcissistic patterns with citations.
  • Detailed personality breakdowns based on online quizzes.
  • Amateur diagnoses.
  • Document conduct, not psychology. Let the conduct speak for itself.

Want the full documentation chapter?

This checklist is a summary. Family Court Solutions covers the full strategy — including the documentation chapter, organization templates, and the case-building framework. The companion Mastery Workbook walks you through 100 exercises to build your case file.