If your child’s other parent has filed a motion to modify custody, then you’re probably worried about how the outcome of that motion will impact your ability to spend time with your child and maintain a strong relationship with them. Although the accusations made in that motion might be infuriating, you can’t just hit back with personal attacks. Instead, you need to speak to why the modification isn’t in your child’s best interests, since that’s the applicable standard.
Tips for defending against a child custody modification request
If a motion to modify custody has been filed, you can’t just sit back and hope for the best. You have to be proactive in building a defense that protects your child’s best interests. Here are some strategies that might be helpful in your case:
- Present evidence that contradicts the assertions made in the motion.
- Submit evidence that shows parental deficiencies on the other parent’s part.
- Attack the reliability and credibility of the other parent’s witnesses.
- Request a child custody evaluation to give the court an unbiased perspective.
- Consider using an expert witness who can testify to how the proposed custody arrangement will impact your child.
- Use the rules of evidence to block harmful evidence from being used against you.
- Utilize the discovery process to your advantage to identify potential areas of attack.
Aggressively advocate to protect your child’s best interests
Even if you think the other parent’s request for modification is based on ridiculous grounds, you still have to address their allegations and be prepared to make arguments as to why the court should deny the request. This will require anticipation, preparation and adept legal maneuvering. So, if you want to protect your time and relationship with your child as much as possible, then now is the time to start building your defense.
