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How can you defend against a custody modification request?

On Behalf of | May 29, 2025 | DIVORCE - Child Custody

Although your child custody dispute might seem settled when you come to an agreement with the other parent or the court issues an initial custody order, the truth is that the other parent can seek modification any time they think there’s been a substantial change in circumstances. This means you might find yourself on the receiving end of allegations that try to paint you as a bad parent and that try to take away time between you and your child. When that happens, you have to know how to effectively defend yourself and your relationship with your child.

How can you defend against a child custody modification request?

There can be several ways to counter the other parent when they seek a custody modification. Some of the most effective moves you can make include:

  • Attacking the other parent’s credibility and reliability.
  • Showing that the other parent’s witnesses are biased or otherwise motivated to testify against you.
  • Finding testimonial and documentary evidence that contradicts the other parent’s assertions.
  • Relying on experts to speak to what’s best for your child, especially when it comes to their mental health.
  • Requesting a child custody evaluation so that a neutral third-party assessment of the circumstances is conducted and a formal opinion is given to the court.
  • Using the rules of evidence to your favor so that you can block some of the other parent’s evidence from being used against you.

Know how to aggressively protect your interests in your child custody case

There’s certainly a lot at stake in your child custody case. If you make poor arguments, then your time and relationship with your child could be negatively impacted. So, before responding to the other parent’s motion to modify, you should carefully consider the arguments you can make, the evidence available to you and how best to persuasively present your case. Your attorney may be able to help you do all that.