When your child’s other parent files a motion to modify custody or visitation, it can feel like a punch to the gut. You might feel hurt because the other parent didn’t come to you first to try to resolve the matter informally, but your pain is probably stemming from your fear that you’ll lose time and contact with your child if the modification request is granted. If you want to protect your relationship with your child, then you need to be prepared to aggressively defend yourself and your parenting abilities.
Defense against custody modification request
To succeed on their motion to modify, the other parent will have to show that there’s been a substantial change in circumstances. To attack them on this point, you may want to consider doing the following:
- Putting the other parent’s evidence in context, especially if they’re using photographs or social media posts to try to paint you in an unfavorable light.
- Calling witnesses who can contradict the evidence presented by the other parent.
- Attacking the reliability and the credibility of the other parent’s witnesses.
- Utilizing an expert who can testify to your child’s mental health and what sort of living arrangement best supports it.
- Requesting a child custody evaluation to give the court an unbiased perspective on parenting abilities.
- Minimizing harmful evidence by distancing it from your parenting abilities as much as possible.
- Going on the offensive to show how the proposed custody arrangement poses a threat to your child’s well-being.
Don’t leave your child custody case to chance
The outcome of your child custody modification hearing can reshape the relationship you have with your child. If you don’t advocate for yourself and your child’s best interests, then you could be completely or at least significantly cut out of your child’s life.
You don’t want that to happen, so be diligent in finding the best ways to defend against the child custody modification that’s been filed in your case.
