How to address prior mistakes in your custody case

The best interest standard controls in a child custody case. This is an extremely broad standard that allows the court to consider any evidence it deems relevant to its determination. As a result, you may find yourself on the receiving end of what seem like personal attacks, all guised as hits on your ability to adequately care for your child. And if you don’t properly counter these assertions, then a court may buy into them, leaving you with reduced time and a diminished relationship with your child.

This can be especially concerning if you know that you’ve made mistakes in the past that the other parent will try to capitalize upon. While that can be nerve-wracking to say the least, as you prepare your legal arguments you shouldn’t just sit back and hope that those issues will be glossed over by the other parent. Instead, you have to step into court with a solid strategy for minimizing the other parent’s arguments, correcting factual inaccuracies and focusing on your child’s best interests.

How to address unsavory history in your child custody case

If you suspect that unfavorable facts are going to come to light in your child custody case, then you need to develop a plan for how to counter them and minimize their impact. Here are a few ways that you may be able to do that:

• Use the rules of evidence: You may find that the child’s other parent is relying on hearsay or merely speculating about alleged prior acts in trying to paint you in a bad light. Here, you can raise strong objections that seek to block otherwise damaging evidence from being used against you. Remember, though, that it’s up to you to make those objections, so be prepared to be proactive in your litigation.
• Contextualize: Even if you’ve done something wrong in the past, it may not have any bearing on your ability to care for your child. So, even if the other parent is successful in getting your prior acts into evidence, try to contextualize them for the judge so that it’s easier for them to see how those acts have very little, if anything, to do with your relationship with your child and your parenting abilities.
• Show self-improvement: Instances of wrongdoing don’t make you a bad person. We all make mistakes. What’s important is that we learn from those mistakes and try to make ourselves better. If you’ve taken corrective action after something went wrong, then present that evidence to the court to show that you’re no longer the person that the other parent is trying to make you out to be.
• Go on the offensive: Sometimes one parent will attack the other to try to deflect any attention on their own prior bad acts. But if you go on the offensive, the other parent’s history may be so loud and problematic that anything you’ve done wrong pales in comparison. This could result in the court still ruling in your favor in your custody matter despite your history.

Don’t leave your child custody case to chance

The outcome of your child custody case can reshape the relationship you have with your child. Therefore, you have to be prepared with strong arguments to protect your position and shield your child’s best interests. This requires taking a holistic approach, so don’t skimp on preparation for your case. Instead, work closely with your family law attorney to find the best path forward under the circumstances at hand. Hopefully then you can secure the outcome that’s best for you and your child.