Facing a child custody modification request can be incredibly stressful. If the outcome of that request doesn’t go in your favor, then you could see your time with your child and the quality of that time significantly diminished. That’s why you need to be prepared to effectively counter arguments contained within a motion to modify. But how do you do that?
Fighting back against a child custody modification request
Before the court will modify an existing custody order, it will assess the facts to determine if there’s been a substantial change in circumstances. To combat the allegations and arguments lobbed your way, you may want to consider doing the following:
- Attacking the credibility and thus the reliability of the other parent’s witnesses.
- Presenting evidence that contradicts the assertions made by the other parent.
- Requesting a child custody evaluation to be conducted by a neutral third-party.
- Highlighting the other party’s parental shortcomings.
- Reverting the court’s attention back to your child’s best interests.
- Using mental health and other expert witnesses to demonstrate how the proposed custody modification could be harmful to your child’s well-being.
There are a lot of places to turn for evidence to support your legal arguments. Just be sure to be thorough and targeted in attacking the other parent’s claims contained within their motion to modify.
Advocate to protect your child’s best interests
Ultimately, the court will make a decision that it feels is in the child’s best interests. So, keep that standard in mind as you craft your legal strategy. By doing so, you’ll hopefully defeat the motion that’s been filed against you, preserve your time and relationship with your child and provide your child with support from a custody arrangement that’s best for them.
