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May 4, 2026

What to Document in a Custody or Family Case (A Simple Checklist)

A field-tested checklist of what to log in a custody or family-law case — with concrete examples for each category, plus what NOT to document.

By Ryan
What to Document in a Custody or Family Case (A Simple Checklist)

Last updated May 12, 2026.

In short. Document seven categories in a custody or family-law case: events (schedule violations, breaches, incidents); communications (texts, emails, voicemails); missed or changed plans; evidence linked to specific events; people (parents, children, witnesses, professionals); court orders and the procedural record; and personal context notes. Two to four factual sentences per entry, dated, logged within 48 hours.

It's Tuesday evening. The pickup was on time, but on the way out the door the other parent made a snide comment about your job in front of the kids. You're tired. The kids didn't seem to register it. You think: should I write this down?

You probably should. Not because of this one comment. Because three weeks from now you won't remember it happened, and three months from now there will be eight of them, and that's the pattern that matters.

The hardest part of documenting a custody case isn't writing things down. It's deciding what counts. Too narrow and you miss the pattern. Too broad and you bury yourself in notes nobody will read.

This is a working checklist of what's worth logging, with concrete examples for each category. The principle to keep in mind: every entry should be something your future self can read in under thirty seconds and immediately understand. If it fails that test, it isn't useful.

1. Events

The backbone of the record. Anything that happens between you, the other parent, the kids, or relevant third parties.

What to log under "Events":

  • Schedule violations. Late pickups, no-shows, refusals to follow the parenting plan.

    Example: 2026-03-17, 17:42. Pickup scheduled 17:00. Other parent arrived 42 minutes late, no advance notice. Child waited outside school with grandparent.

  • Parenting plan breaches. Decisions made unilaterally that the plan requires both parents to agree on (school enrollment, medical, religious).

    Example: 2026-04-02. Other parent enrolled child in summer camp without consultation, contrary to parenting plan §4(b).

  • Interactions in front of the children. Comments, conflict during exchanges, anything the kids witnessed.

    Example: 2026-04-15, 18:10. During exchange, other parent commented to child "your mom doesn't care about your homework." Child became quiet for the next 20 minutes.

  • Incidents during the other parent's parenting time. Things the child reports back, marks you observed at pickup, missed meals or bedtimes.

    Example: 2026-04-22. At pickup, child mentioned not having eaten lunch. Skin on knees scraped, child said "fell at the park, Dad didn't see."

  • Medical events. Doctor visits, illness during the other parent's time, medication missed, hospital visits.

    Example: 2026-05-01. Pediatrician visit. Doctor noted ear infection diagnosed last month was untreated during other parent's two-week stretch (other parent was made aware via text on 04-14).

Two to four sentences per event. Facts only. Save the emotional version for your therapist.

2. Communications

Every message, email, or call that matters to the case.

What to capture:

  • Text messages. Screenshot in context (show date, sender, surrounding messages). Save the original on your phone.
  • Emails. Full thread, not just your reply. PDF export is cleanest.
  • In-app messages (OurFamilyWizard, TalkingParents, etc.). Most platforms can export your message history; do this monthly.
  • Voicemails. Transcribe to text and save the audio file. Note the date, time, and a one-sentence summary.
  • Phone calls. Write a contemporaneous note within an hour. "2026-04-09, 14:30. 6-minute call with other parent. Discussed summer schedule. Other parent agreed to keep 2nd week of July as my time. No follow-up text confirming."

Save communication in context. A screenshot of a message that says "fine, take her this weekend" means nothing without the preceding 14 messages.

3. Missed or changed plans

A subcategory of events but worth its own list because they accumulate fast.

  • Cancelled visits (with reason given, if any)
  • Last-minute schedule swaps
  • Refusal to honor agreed-upon trades
  • Missed special occasions (birthdays, school events, holidays)

Each entry should note who made the change, when they communicated it (or didn't), and the impact on the child or your schedule.

4. Evidence — attached to the event it documents

A folder of screenshots is worth a fraction of the same screenshots attached to specific events. Always link evidence to the event description it supports.

Common evidence types:

  • Photos (of injuries, conditions, exchanges). Include the date of the photo in the file metadata, and add a one-line caption when you log it.
  • Screenshots of texts, emails, social media posts.
  • Audio recordings (where legal in your state — check your jurisdiction's two-party-consent laws).
  • Documents — court orders, school records, medical records, third-party witness statements.
  • Receipts and financial records — for expense disputes or child-support tracking.

The connection between event and evidence is what gives evidence its weight.

5. People

The cast of your case. Update this list as new people enter.

  • The other parent and you — name, contact info on file
  • Children — names, ages, grade levels
  • Witnesses to specific events — grandparents, neighbors, teachers, friends who saw something. Note what they witnessed.
  • Professionals involved — therapists (your child's, theirs), pediatricians, teachers, GALs, mediators, your attorney
  • Other potential witnesses — anyone who could speak to the parenting situation

If a witness's testimony might matter later, it's much easier to get a coherent statement from them within weeks of the event than within years.

6. Court orders, agreements, and the procedural record

The skeleton of the case. Keep current copies of:

  • The original parenting plan
  • Every temporary order, with effective date
  • Every modification, with the date it took effect
  • Every signed agreement, even informal ones (email confirmations count)
  • A timeline of hearings, mediations, and major procedural events

This is the record your case is judged against. When you log an event that contradicts the order, note which order and which provision.

7. Personal context notes

Lower priority than events, but useful for your own clarity.

  • What was unusual about a week (illness, travel, school break)
  • Major changes (job, move, new partner introduced to the kids)
  • Things you said yes to that, in hindsight, you'd want a record of having agreed to

Keep these factual. The judge isn't reading your feelings; they're reading the chronology. Your therapist gets the feelings.

What NOT to document (or: be careful with)

Two categories that look like they belong but usually backfire.

Editorializing inside the factual log. "He was 42 minutes late, as usual, because he doesn't care." The italicized part undercuts the rest of the entry by making it look like advocacy rather than fact. Log the 42 minutes. Save the editorial for your journal.

Recording without consent in a one-party-consent state. Audio recording laws vary. Some states require both parties to consent; recording without consent can be a criminal offense and the recording can be excluded. Before recording any conversation, verify your state's law or check with an attorney.

Also be careful with:

  • The child's words. Children's statements are often unreliable in court (and ethically fraught). Log what the child did and what observable facts indicate, not what the child said the other parent did, unless the statement itself is the event.
  • Your own social media posts. Anything you've posted is evidence the other side can pull. Assume opposing counsel reads your accounts.

How often to log

A reasonable rhythm: same-day or within 48 hours of the event, in under five minutes. If you find yourself logging seven things on a Tuesday, the system is working. If you find yourself logging zero for three weeks, either nothing's been happening (good) or you're skipping (bad). The fix for skipping is a daily reminder at 9 PM that asks one question: anything to log today?

For a deeper system, see how to keep track of everything in a custody or family case. And if you're approaching a hearing, the pre-hearing prep guide covers what happens next.

Frequently asked questions

Should I document the good interactions too? Yes. A record that only logs problems looks like advocacy. A record that includes the cooperative exchanges, the on-time pickups, and the productive co-parent conversations looks like a complete account, and it's more accurate.

What if I don't have time to write detailed entries? Two-sentence entries beat zero entries. "2026-05-04, 17:00. Pickup, late 35 min, no notice." is a complete log entry. Add detail when you have time; don't let perfection block the habit.

Do I need to share my log with my attorney? Eventually, yes. The whole point is to make their job (and your case) easier. Some tools, including Clearhavn, support read-only attorney sharing so they can review on their own time without you sending a zip file.

What if the other parent finds out I'm documenting? You have the right to keep records about events involving your own child. There's no obligation to disclose that you're doing it. If device access is a concern, choose a tool with a PIN lock or panic-exit feature.

Should I keep a paper copy? A monthly export is a good safety net. Print the log or save a PDF to a place you control (a personal email, an encrypted USB). Cloud storage is fine but having a non-cloud copy of the most recent month is cheap insurance.

Start with this week

Pick today as day one. Log three things from the past 48 hours, plus everything that happens for the next seven days. Use the categories above as a quick mental filter. By Sunday you'll have five to fifteen entries and the beginning of a real record.

Backfilling the past year is a separate task, and a slower one. Start with the present; the contemporaneous record from today onward is what the rest of the case will hang on.


Ryan Marshall is the founder of Clearhavn, a private case-organization tool for family-law matters. He built Clearhavn after his own family-law case made clear that the existing tools fell into three buckets: spreadsheets that fall apart at 50 events, iPhone-only apps from a decade ago, or law-firm software priced for firms. This post is informational and is not legal advice. For advice about your specific case, consult a qualified attorney in your jurisdiction.

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