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Five ways to defend against a child custody modification

On Behalf of | Feb 28, 2024 | Child Custody |

When you’re in the middle of a custody dispute, the other parent is going to do everything they can to try to paint you in a bad light. Their hope is that by doing so, they can convince a judge that you’re unfit to parent your child or that you pose such a threat to your child’s well-being that you shouldn’t be around them on an unsupervised basis. If the other parent is successful, then the amount of time that you spend with your child and your relationship with them can be jeopardized.

That’s why you need an aggressive legal strategy on your side that seeks to counter the other parent’s allegations and protect your child’s best interests. But when you’re caught up in the midst of the attacks being lobbed at you, it can be hard to figure out how to persuasively present your case to a judge. We hope this post will give you some tips that’ll prove beneficial in your case.

How can you defend yourself in a child custody dispute?

There are various ways to address the claims made in your custody dispute. The right path is going to depend on the circumstances of your case. Here are a few ideas that you should think about implementing into your child custody battle:

  • Focusing on your child: The court is tasked with making decisions that are in your child’s best interests. So, while the other parent may be focused on bashing you and making you look bad, you might be able to shift the focus back onto your child’s safety and well-being. By doing so, you might be able to blunt the attacks against you and your parenting.
  • Contradicting the evidence: If the allegations against you are false or misleading, then you need to do your best to set the record straight. You can call family members and friends who know you and your relationship with your child to testify, you can submit mental health and educational records, and you testify on your own behalf. Just make sure the evidence is on point.
  • Attacking credibility: Does the other parent often lie or misconstrue facts? If so, then you should find a way to attack their credibility and reliability so that the judge doesn’t take them at their word. You can do this by pointing out inconsistent statements, bias, motivation, or even an existing criminal record tied to untruthfulness.
  • Asking for a child custody evaluation: Sometimes it’s hard for a judge to decipher the truth from two parents who are telling completely different stories. When this happens, the court might be interested in ordering a child custody evaluation, where a neutral third-party assesses each parent’s interactions with the child, reviews relevant records, and comes to a recommendation about what sort of custody arrangement is best for the child. This can help you get the truth to the judge.
  • Going on the offensive: Although you might feel like the allegations against you have you back on your heels, you can shift gears and present evidence as to the other parent’s lack of fitness. This might leave the judge hesitant to modify the existing custody arrangement, or it might convince them that it needs to be modified in your favor.

Don’t leave your child’s best interests hanging in the balance

A battle over child custody and visitation is a fight over your child’s future. The implications can be enormous, which is why you need to go into your child custody dispute armed with persuasive evidence and convincing legal arguments. If you want to know more about what that looks like, then please continue to read through our blog and our website.