Resolving your initial child custody determination can be tough. You and the other parent might have differing views about what sort of upbringing your child should receive, and you each may live a differing lifestyle that the other feels isn’t conducive to successful parenting. That’s why you might breathe a sigh of relief once that initial custody order is issued, whether after litigation or negotiation.
Yet, life circumstances will continue to change, which may necessitate revisiting your custody order. If you suspect that the existing custody order is no longer in your child’s best interests, then now is the time to seek a custody modification. But how can you build a persuasive child custody modification argument that positions you for the successful outcome that you want for your child? Let’s look at some ways that you can develop a strong custody modification argument.
Tips for building your custody modification case
The exact approach you take to your custody modification case will depend on the facts of your circumstance. However, there are some broader steps you can take to ensure you put forth the strongest case possible. This includes the following:
- Gathering relevant records: You might be able to support a lot of your arguments with documentation. Criminal records, for example, can help show the wrongdoing in which the other parent has engaged, and mental health records may show that the other parent struggles with stability. If you can’t get your hands on all the records you think you need, then you may need to issue a subpoena or take to the matter to court to obtain an order forcing release.
- Talking to witnesses: Although your own testimony might be beneficial in your custody case, you don’t want to be the only person speaking to your assertions. Third-party accounts can carry a significant amount of weight with the court, which could make all the difference in your case. So, talk to those who have observed not only your interactions with the child, but also the other parent’s. This could give the court a clearer snapshot of what’s at stake in your custody dispute.
- Asking for a child custody evaluation: The court often finds itself caught between two contradictory accounts without an unbiased opinion. This is where a child custody evaluation can prove beneficial. Here, a neutral third-party, typically a mental health professional, talks to those closest to the child, observes parenting time and reviews relevant records to generate a report that’s submitted to the court. This report will contain a recommendation as to custody and visitation, which the court will give considerable weight.
- Looking on social media: The other parent’s social media posts might be indicative of an unsavory lifestyle that isn’t conducive to effective parenting. If you see these kinds of posts, you should take screenshots so that you can submit them to the court. You’ll also want to scour your own social media pages to remove anything that could be harmful to your position.
Protect your child’s best interests in your child custody dispute
Your child’s safety and well-being are on the line when circumstances change to the point that you decide to seek a child custody modification. With so much at stake, you have to present the strongest case possible under the circumstances. This means gathering evidence, anticipating the other side’s arguments and understanding how the law applies. If that’s something that you need help with, then think through what kind of support you need to be successful and be diligent in seeking it out.
