4 ways to defend against a child custody modification request

You might think that your initial child custody determination was appropriate at the time it was made, but as time goes on circumstances can change. As a result, the custody order in place may be untenable, and it can even present a threat to your child’s wellbeing. In this instance, you’ll want try to modify the custody order, which will require filing a motion, providing notice to the other parent and presenting evidence in court.

But what if you’re on the other end of that argument with the other parent lobbing accusations about your parenting inabilities? How can you defend yourself against a child custody modification sought by the other parent? Fortunately, you have some options.

How to defend against a child custody modification request

When the other parent filed a motion to modify, they have to specify how there’s been a material change in circumstances and how the proposed modification is in your child’s best interests. This gives you direction as far as what the other parent intends to argue and can guide the development of your defensive positioning. Here are some tips to effectively defend against a modification request:

1. Contextualize the evidence: Remember, the court is supposed to render its determination based on what it believes to be in the child’s best interests. Therefore, even if the other parent is attacking your character, you may be able to show that it has nothing to do with your ability to provide care for your child. This mitigation could tip the scales in your favor.
2. Find contradictory evidence: The other parent might throw out some serious allegations against you in hopes that some of them will stick and the judge will limit your time with your child. If you can find contradictory evidence, though, then you severely diminish the value and weight of the other parent’s evidence. In fact, your evidence might be so compelling that it warrants a modification in your favor. So, be thorough in talking to family members, friends, school personnel and medical providers who may be able to testify on your behalf.
3. Use a third-party evaluation: If you want to give the court an unbiased perspective on your child custody situation, then you may want to ask for a court ordered child custody evaluation. Here, your family dynamics, your child’s relationship with each parent and each parent’s abilities are assessed by a neutral third-party evaluator who is usually a mental health professional. The unbiased report and recommendation that results from the evaluation can carry a lot of weight with the judge in your case.
4. Utilize evidentiary strategies: The other parent has to follow the rules of evidence in your custody modification hearing. This means they can’t just come into court and say whatever they want. If they try to do that, then you can make objections that block them from presenting that evidence. So, anticipate what evidence the other parent intends to present so that you know where you may be able to use the rules of evidence to your favor.

Take charge of your custody case

Your relationship with your child is on the line in your custody dispute. So is the amount of time that you get to spend with them. With so much at stake, you have to develop the strongest legal arguments possible under the circumstances. If you want to learn more about how to do that, then we encourage you to continue reading our blog and researching how the best interest determination is made.