As you get further away from your initial child custody agreement or order, changed circumstances can render it untenable. In some instances, things can change so drastically that your existing custody arrangement becomes dangerous for your child. To protect your child’s best interests as much as possible in these situations, you may need to seek a child custody modification. But figuring out the best way to approach a modification request can be tricky since it can be hard to articulate your arguments in a way that doesn’t sound like you’re just personally attacking the other parent.
That’s why in this post we want to give you an idea of where you can look for evidence to support a motion to modify custody and visitation. By being thorough here, you’ll hopefully have a better chance of securing an outcome that’s right for you and that protects your child’s overall well-being.
Where can you look for evidence to support a custody modification request?
Depending on the unique circumstances of your case, there may be several places to look for evidence to support your position. This includes each of the following:
- Police reports: These records can help you establish a pattern of domestic violence or substance abuse involving the other parent, both of which can jeopardize your child’s safety and well-being. They can also identify witnesses that you may need to testify in your custody modification hearing.
- Mental health records: Records pertaining to your child’s mental health can give the court an indication of how they’re feeling about the existing custody agreement and any problematic issues that they’re exposed to in the other parent’s household. A mental health provider may be able to give you a powerful recommendation about what sort of custody arrangement is best for your child, too. The other parent’s mental health records, if any exist, can also be helpful, but these records might be more difficult to secure.
- Financial records: A custodial parent has to be able to meet their child’s basic needs. If the custodial parent in your situation is facing financial hardship to a degree that renders them unable to meet your child’s needs, then a modification may be warranted.
- Witness accounts: Given that the best interest standard is so broad, you’ll have a lot of room to argue why your proposed modification is appropriate. But you can’t expect the court to take your word for it. Instead, you should have witnesses lined up to testify to the bond you have with your child and any issues they’ve observed with the other parent.
- A custody evaluation: You can ask the court to order a custody evaluation where a third-party conducts a holistic assessment of the circumstances to determine what sort of modification, if any, is best for the child. The recommendations contained within a custody evaluation report can carry a lot of weight with the court.
Act now to protect your child’s best interests
Even if a child custody modification seems obvious under your set of circumstances, you can’t expect that the court will automatically rule in your favor. Instead, you should anticipate the other parent to put up an aggressive fight to try to block you from securing the outcome you seek. Therefore, you have to be proactive in gathering evidence and building persuasive legal arguments that speak to your child’s best interests. That might sound tricky to do, but with some guidance and focus, you can craft compelling legal strategies that position you as strongly as possible to secure the outcome that you want for your child.