Regardless of whether your initial child custody determination was agreed upon through negotiations or ordered after contested litigation, you might’ve felt a sense of relief when the battle was over. Yet, circumstances can change considerably, leaving you wondering if the existing custody order is truly in your child’s best interests.
It’s an important question to answer since you don’t want to leave your child in a situation that’s bad for their physical, emotional, behavioral or psychological wellbeing. And if you feel like your child’s best interests aren’t being served by the custody order in place, then you might want to file a motion to modify it.
That said, you can’t just file a motion to modify a custody order on a whim. To be successful, you’ll have to demonstrate that there’s been a material and substantial change in circumstances, and that the modification is in your child’s best interests. That might sound easy enough to do, but these cases can quickly become complicated.
What can you do to build a strong child custody modification request?
Your request needs to be backed up by evidence. So, even if you feel like it’s obvious why you’re making your request, you still need to be able to articulate how it meets the statutory standard that’ll apply in your case. Here are some tips for doing that:
- Look for new involvement with the criminal justice system: If the other parent has been arrested or charged with a new criminal offense, then the underlying facts may be enough to show that the other parent is unfit to care for your child. So, be sure to talk to witnesses and secure relevant records that may help you demonstrate what happened and how it could negatively impact your child.
- Consider whether substance use is in play: Drug and alcohol use can pose a significant threat to your child’s wellbeing. It can render a parent unable to fulfill their parental obligations, and it can expose your child to traumatic events and dangerous substances. If you can show that your child is being exposed to parental substance abuse, then you’ll have a strong argument for modification.
- Look for signs of abuse or domestic violence: If your child becomes withdrawn or starts exhibiting aggressive behaviors, then there’s a good chance that they’re being exposed to something harmful while at their other parent’s home. By talking to your child and witnesses familiar with the other parent’s lifestyle, you might discover that there’s a pattern of physical, emotional and psychological abuse in the household.
- Seek mental health treatment for your child: Children tend to suppress their emotions and avoid talking about difficult topics. This can make it hard to figure out what’s really going on in the other parent’s home. A therapist, though, might be able to build strong rapport with your child and discover what they’re being exposed to at home. This professional can also help you articulate how the current custody order is harmful to your child’s mental wellbeing.
Don’t shy away from taking action to protect your child
At the end of the day, a child custody modification is about protecting your child. So, don’t feel bad for trying to restrict the other parent’s access to your child if the facts warrant such a request. And don’t wait too long, either. If you do, you’ll give the other parent an argument in that you didn’t see a problem with the issues at hand before.
We know that navigating a contentious child custody dispute can be stressful, but you can build your confidence heading into your case by gathering persuasive evidence, informing yourself on the law and wrapping yourself in any support that you may need to aggressively advocate for the outcome that’s best for your child.