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How can you build a ‘best interest’ argument in your custody case?

On Behalf of | Jul 12, 2024 | Child Custody |

When child custody and visitation is in issue, the court will assess the evidence to reach a conclusion that’s in the child’s best interest. This “best interest” standard is broad. While statute lays out some factors that the court should analyze when reaching its conclusion, the court has latitude to consider any information that it deems relevant to the issue at hand. This can be good, as it opens the door to additional arguments that attempt to protect your child and your relationship with them, but it can also make the process convoluted. With so much information available to you, how do you develop a focused and clear child custody argument?

That’s a good question, and the answer is critically important. You don’t want to get so tangled up in the weeds that you lose focus on your child’s interest. That’s why in the remainder of this post we want to give you some ideas for how to develop your best interest argument.

Tips for building a best interest argument in your child custody case

As you build your child custody arguments, it’s easy to get wrapped up in attacking the other parent. While you’ll certainly want to highlight the other parent’s shortcomings, be sure to put everything in context of what’s in your child’s best interests. You could accomplish this by doing the following:

  • Document your child’s response to visitation with the other parent: If your child’s demeanor changes after visitation with the other parent or their behavior deteriorates, then be sure to document it so that you can easily recall it later. This evidence might help show that increased time spent with the other parent is harmful to your child, thereby drawing a direct link between the other parent’s shortcomings and your child’s well-being.
  • Gather witnesses who can speak to your bond: Sure, the other parent’s faults will come into play in your child custody dispute, but you can’t overlook the value of showing the strength of your relationship with your child. Your testimony can be helpful here, but it’s a good idea to allow the court to hear testimony from less biased witnesses who have observed the bond that you and your child share.
  • Show your willingness to foster a relationship between the child and their other parent: In most instances, the court will lean towards ordering joint physical and legal custody. If it’s going to deviate from that, it wants to know that the custodial parent will facilitate a relationship between the child and the non-custodial parent, so long as doing so is safe for the child. Showing your attempts to facilitate contact between the child and the other parent can go a long way here.
  • Demonstrate your caretaking role: If you’ve provided most of the care for your children, then you need to highlight that for the court so that it understands the familial dynamics that are in play. After all, the court will have an interest in providing stability and consistency for your child.
  • Present testimony regarding your child’s mental health: If your child is in therapy, then testimony from their therapist could provide valuable insight into what life is like for your child when spending time with the other parent and how it impacts their mental health. If your child isn’t in counseling, then it may be a good idea to get them that additional support during this difficult time in their life.

Aggressively advocate to protect your child’s best interests

The tips mentioned above are just some of the many steps you can take to build an effective best interest argument. Just be sure that you’re thorough when preparing your case. Gather persuasive evidence, but also anticipate how the other parent is going to respond. You don’t want to be caught flat-footed in your hearing, thus leading to a bad outcome for you and your child. So, be diligent in preparing your case so that you can rest assured that you’re doing everything possible to keep your child safe and to advance their interests.

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