When your divorce is finalized, it’s likely that you and your spouse ended up with a child custody order that, at the time, supported your child’s best interests. What happens, though, if something changes? With so much at stake, what can you do when you’re confronted with a modification request for custody?
When the other parent files a motion to modify custody, it is their burden to prove that the modification is in the child’s best interest. Additionally, it is up to you to defend the existing custody order if you believe that it remains the best arrangement for your child. There may be several ways to do this, including:
- Providing evidence regarding the credibility of the other parent and their witnesses if you believe misinformation presented is being presented.
- Gathering contradictory information to the allegations that are being made.
- Contextualizing any legitimate issues raised by the other parent.
- Showing how you’ve taken steps to alleviate whatever concerns have been brought to the court’s attention, if any.
- Showing how the proposed modification is detrimental to your child and, conversely, how the current arrangement remains in your child’s best interest.
A motion to modify custody can feel like a punch to the gut. If faced with one of these requests, you must diligently work to develop a sound legal strategy that protects your credibility and integrity while also shielding your child’s best interests. Contact us for more information on how we can help.