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How can I argue to win my child custody case?

On Behalf of | Jun 21, 2024 | Child Custody |

Ultimately, only you can answer that question. But as you head into your custody case, you’ll want to remember that the court, and the parties involved, should seek an outcome that best supports the child’s best interests. Of course, you and your child’s other parent may not agree on this point, which is why it’s important that you have evidence ready to present that speaks to your child’s needs and each parent’s ability to meet them.

That sounds straightforward, but these custody cases can become extremely complicated. And if you don’t carefully navigate your case, then you could be at risk of losing time with your child. This type of outcome can also negatively impact your relationship with your child, too. And rebuilding this relationship could take time and a lot of effort. So, let’s take a closer look at how you can build effective best interest arguments in your child custody case.

Arguments that could address your child’s best interests in your custody case

The best interests standard in all encompassing. Although statute identifies some factors that will be taken into consideration, the courts are generally free to assess any evidence that they feel is relevant to their determination. So, as you prepare to head into your custody dispute, you should determine whether you can use any of the following evidence to support your legal arguments:

  • Parental substance abuse: If your child is exposed to parental substance abuse, then they’re at an increased risk of being abused or neglected. They might also develop emotional and psychological issues, such as anxiety, depression, shame, and guilt. They also might socially isolate from their peers.
  • Domestic violence: Household violence can pose a significant threat to your child’s well-being. Your child can end up getting hurt when they try to intervene in instances of domestic violence, and they live their life in fear because of what’s going on at home. The trauma experienced by what they’ve witnessed can last a lifetime, too.
  • Untreated mental health issues: If your child’s other parent has untreated mental health issues, then they may not be in a proper state to care for your child. If this is something that you’re going to argue, then you’ll want to be able to show how the untreated mental health condition negatively impacts your child.
  • The other parent’s willingness to foster a relationship: Unless there are safety issues, the court is going to find a custody arrangement that allows the child to build and maintain a relationship with each parent. If your child’s other parent is unwilling to foster your relationship with the child, then you might be in a strong position to argue that they shouldn’t have sole physical custody.
  • Your child’s needs and opportunities: Your child has basic needs that must be met, but they also need educational and extracurricular opportunities. Can you provide for those better than the other parent? Can you and the other parent equally provide them? The answers to these questions can speak to what kind of custody arrangement protects your child’s best interests.

Advocate for a custody arrangement that’s right for your child

Remember, the best interests determination is all-encompassing. So, the factors mentioned above are only some of the areas where you might have room to argue. Therefore, if you’re headed for a child custody dispute, then you should fully consider the circumstances at hand and what evidence you need to appropriately advocate for your child’s well-being.