Tips for defending against a motion to modify custody
As time goes on and circumstances change, you might suddenly find that your child custody agreement or visitation order is no longer tenable. In some instances, the custody order becomes downright dangerous when the child’s other parent poses a threat to their well-being. While you’re certainly justified in seeking a child custody modification in these circumstances, you also have to be prepared for the reality that the other parent may file a modification request against you. And if they’re successful in doing so, then you could lose a significant amount of time and contact with your child, which in turn can negatively impact your relationship with them.
Therefore, if you’re facing a child custody modification request, it’s imperative that you know how to aggressively defend against it. Only then can you breathe a sigh of relief knowing that you’ve made every argument possible to protect your child’s best interest and ensure that the court has the information needed to make the right determination. That said, let’s look at some steps you can take to defend against a motion to modify child custody.
How to defend against a child custody modification request
There are several ways to approach a motion to modify custody or visitation. This includes doing the following:
- Attacking credibility: A lot of modification requests are filed simply because there’s disagreement amongst the parents or there’s some sort of personal conflict. If your child’s other parent is using the legal system to try to punish you for something, then you need to focus on attacking the credibility of their statements so that you can give the court a realistic perception of what’s really going on. Deposing them and their witnesses might help you find inconsistent statements that you can use to attack reliability, or it could show that there’s a mere lack of evidence to support their arguments.
- Go on the offensive: Although you might feel like you have your back against the wall in a custody modification hearing, you don’t have to be on your heels the entire time. Instead, look for evidence that shows the other parent’s shortcomings and how they may impact your child’s well-being. This could be anything from parental substance abuse and domestic violence to poor supervision and an inability to meet their basic needs.
- Focus on your child’s best interests: The best interest standard is applicable in your custody case, meaning that the court must consider the evidence and make a determination in light of what’s best for your child. The evidence in a modification hearing can quickly veer in a direction that causes everyone to lose sight of the child’s best interests, but you can’t let that happen. Make sure the court knows how the modification, if granted, would impact your child and their relationship with you.
- Seek resolution: If you’re concerned that the evidence isn’t in your favor, then you might want to consider resolving the custody dispute before it heads to court. The court, after all, might issue a custody and visitation order that’s more restrictive than you anticipate. Through negotiations, on the other hand, you might be able to retain some control over the outcome.
Don’t miss opportunities to effectively defend against a child custody modification request
The outcome of a motion to modify an existing custody or visitation agreement can be tremendous for you and your child. Therefore, you need to treat the motion and its hearing with the importance it deserves. Be sure to figure out the best legal strategy well ahead of time so that you have adequate time to gather evidence and prepare your legal arguments. Then, if your case is going to court, be ready to zealously advocate for the outcome that’s best for your child.