What Evidence Do You Need to Get Custody Modified

My question involves a child custody case from the State of: Idaho

My Custody Modification Pretrial/Trial dates have been set and I have to turn in my evidence before pretrial date. I am the plaintiff and I have full physical and legal custody of the child involved. This is the first modification since the initial Court Order back in 2008. The child's father has only seen the child about 3 times within this time period and he is also currently incarcerated for Aggravated Battery and Grand Theft by Possession. He has been in and out of jail and does drugs (don't really have much proof for this). Visitations have been held at my residence and with me and my husband as the supervisors (was not informed to do any different by the attorney that helped me create the first order). Would I be able to use my husband as a witness of the lack of visitations? Can I order criminal backgrounds to use as evidence of his criminal history? Please help!

Thank you.

What's your end goal?

My end goal is to win my trial and have my newest modification request finalized.

Okay.

What is Dad wanting and what are you not wanting?

I am wanting the full legal and physical custody to remain. As far as the parenting plan goes:

1. Supervised visitation once a month and Fulcrum Institute to be paid for by father.

2. 7 panel drug test before each visit to be paid for by father. If he refuses to take a drug test it is considered a positive test, visitation may be subject to termination if 2 or more positive drugs tests.

3. If father successfully complies, parenting plan will be subject to review and changed with the court after 1 year.

Dad is wanting the modification summarily dismissed.

And Dad wants...?

What proof do you have of Dad's drug use? Recent convictions? Because without proof, the court isn't likely to take your word for it.

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And if you're the one requesting supervised visitation, there's an excellent chance you'll be footing at least half the bill.

I already said that the father wants the modification dismissed, that is the only thing that he answered with. I am able to pay for his Criminal Record, am I able to use that for evidence? I know he has been charged with something on the drug end as well. I do know that the court will not take my word for it, that is the reason why I am asking what sort of evidence do I need and what is relevant to my case. I am willing to listen to the judge of suggestions or whatever he deems suitable as far as paying for the visitations, it has always been ordered supervised visitation.

Also, beings that my husband was the only person who was there besides me on the only days he did visit... would I be able to use him as a witness?

Should I bring up how the child involved has ADHD and requires a well structured lifestyle and special needs?

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My pretrial date and time to get my evidence in is coming up very soon. I have yet to get an answer to my question. Please someone if you could give me some help, I would greatly appreciate it. To show evidence of his criminal background, is it legal to order a background check from WA and ID and use it as evidence of his criminal record? Also, am I able to use my husband as a witness to his lack of visitation?

(Please don't do that font - it's really obnoxious to read!)

In all honestly, you need an attorney - not a message board.

I am sorry for using that font. They shouldn't have the option than.

What good is this forum if the people giving advice refuse to give it? I am not asking for answers to use in court meerly off the internet. I am looking for ADVICE... thats it. I'm sorry if this comes off rude, but really!? What is happening to people these days. Everyone assumes.

Trust me, I am planning on talking to a lawyer. However, most people these days cannot afford an attorney... Just saying.

Would the courts consider my husband to be bias in this situation, or would he be a credible witness? Does anyone have any clue... ADVICE?

I appreciate the help, I really do.

Please! and Thank you!

Your husband would likely not be considered credible.

Okay. Let's back up.

How does your proposed plan differ from the original plan?