Whether you’re facing an initial child custody determination or a modification to an existing order, the court is going to base its determination on what it thinks is in the child’s best interests. That might sound straightforward, but some parents struggle to articulate why they think a particular custody arrangement is best for their child. Instead, they end up making arguments that sound like they’re putting their own interests first, which is a big mistake. Don’t fall into that trap.
But how do you make strong arguments relevant to the child custody determination at hand? First, you have to understand the law and the factors that are explicitly recognized there. Then, you can work on gathering evidence to support your position. Let’s take a closer look at how you can do that.
Where to find evidence that speaks to the best interest standard
Although the law identifies several considerations that the court must assess when making its best interest determination, it’s a very broad standard. In fact, the court is basically allowed to consider any evidence that it thinks is relevant to its decision. With that in mind, here are some places to look for evidence to support your best interest argument:
- Witness testimony: Your own testimony about your bond with your child and how you care for them can be powerful, but the court might also take it with a grain of salt since it could be determined that you’re biased in the process. So, consider whether there are other witnesses who can speak to your parenting abilities and the relationship that you have with your child. This can include family members, friends, coworkers, school personnel, and even medical experts.
- Documentary evidence: The best interest determination is going to take things like your child’s school performance and medical needs into account. So, if you can show that your child performs better in school while in your care or that you’re better suited to meet their unique medical needs, then you’ll be in a stronger position heading into your custody dispute.
- Evidence of parental unfitness: If your child’s other parent has questionable decision-making or is frequently dealing with substance use issues or domestic violence, then it’s imperative that you highlight these matters for the court. Your child’s other parent might create a dangerous environment for you child, putting their physical and psychological well-being at risk. So, although you shouldn’t solely focus on attacking the other parent, you do need to go on the offensive if you can show that their parental shortcomings are likely to have a negative impact on your child.
- Journal entries: You want your child custody arguments to be as detailed and as specific as possible. One way to do this is by keeping a journal. Here, you can specify the caretaking duties you undertake and any negative reactions that your child has to spending time with the other parent. You can also track how much you spend to take care of your child, which may stand in stark contrast to the other parent’s financial contributions.
Thoroughly prepare your child custody arguments
Your child’s well-being is on the line when child custody is at issue. You owe it to them to form the best legal arguments possible under the facts. Only then can you rest assured that you’ve done everything to keep your child safe. Presenting strong legal arguments will take some work, though, so don’t hesitate to start assessing the evidence and building the effective strategy you need and that your child deserves.