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How can I fight back against a custody modification request?

On Behalf of | Jun 14, 2024 | Child Custody |

Has your child’s other parent filed a custody modification request? If so, then you need to be prepared to respond. If you don’t, or if you do so in a haphazard way, then the court may grant the request, thereby restricting your time with and access to your child.

This can devastate your relationship with them. You certainly don’t want that to happen, which is why now is the time to start figuring out how you’re going to defend against the allegations contained within the modification request.

What can you do to defend against a custody modification?

Depending on the facts in play, you might have several options as you address the custody modification that’s been filed in your case. Here are some that might be appropriate in your circumstances:

  • Merely present evidence that contradicts the allegations in the modification request.
  • Focus arguments on your child’s best interests rather than on any character attacks.
  • Point out any of the other parent’s shortcomings that demonstrate that they lack parental fitness.
  • Get your child in counseling so that a therapist can give insight into what’s best for your child’s emotional and psychological well-being.
  • Request a child custody evaluation so that the court has an unbiased third-party opinion upon which it can base its determination.
  • Use the rules of evidence to block damaging evidence from being admitted.

These are just a few of the strategies that may be available to you. Be comprehensive when considering how best to present your case so that you don’t end up losing time with your child.

Arguing to protect your child’s best interests

At the end of the day, the court should make its determination based on what it believes to be in the child’s best interests. So, as you build your legal arguments, make sure you’re focused on how your idea for a custody arrangement best supports and protects your child.



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