Divorcing Dad Tip #8: Secure witnesses who can testify to your care of your child. If you and your spouse cannot agree and the court has to decide on custody, the judge may request you call witnesses who can testify to your parenting skills. Ask people to be witnesses on your behalf early. Neighbors, teachers and other caregivers may all be able to tell the court how good a father you are, making it more likely you will be treated favorably in a custody dispute.