Defenses to Petitioner's Custody Arrangement (Reasons Respondent Should Receive Custody)

Be sure to identify the paragraph you are referring to.

For example:

• Paragraph 13 says Petitioner should have sole custody but it's in the children's best interest for Respondent to have sole legal and physical custody.
• Paragraph 13 says Petitioner should have sole custody but it's in the children's best interest for the parties to have joint legal and joint physical custody.

Whenever possible, use a real name instead of the word "Petitioner" or the word "Respondent."

For example:

• Paragraph 13 says John Doe should have sole custody but it's in the children's best interest for Jane Doe to have sole legal and physical custody.

You will need to explain to the court why respondent having the custody arrangement you are proposing is in the best interest of your children. Be specific about the facts.

For example:

• The children currently live with Jane Doe.
• The children want to live with Jane Doe.
• The children are far more comfortable in the care of Jane Doe than the care if John Doe.
• Jane Doe is in a better position to personally care for our children. She does not work and has been a stay at home mom throughout the parties' marriage.
• Awarding Jane Doe care of the children will continue their current caretaking arrangement.
• John Doe works long hours and travels months at a time out of the country. He will rely on other people to care for our children.
• If the children reside with Jane Doe they will continue to live with their other siblings (brothers and sisters).
• Jane Doe's home is the better place for the children to be able to maintain their friends and social network.
• The children will be able to remain in the same school in the care of Jane Doe.
• John Doe does not have a residence suitable for the children. His current apartment only has one bedroom.
• John Doe has moved to Oregon. If the children reside with John Doe they will not have the same contact with friends and family.

Jane Doe has been the parent who primarily cared for the children.

• Jane Doe is the parent who wakes the children in the morning.
• Jane Doe is the parent who prepares meals for the children.
• Jane Doe is the parent who dresses the children in the morning.
• Jane Doe is the parent who gets the children ready for school.
• Jane Doe is the parent who picks the children up from school.
• Jane Doe is the parent who helps the children with their homework.
• Jane Doe is the parent who helps the children with their school activities and is best situated to continue to do this.
• Jane Doe is the parent who most often plays with the children.
• Jane Doe is the parent who watches the children play with their friends.
• Jane Doe is the parent who more consistently participates in activities with our children.
• Jane Doe is the parent who most often reads to the children.
• Jane Doe is the parent who bathes the children.
• Jane Doe is the parent who gets the children ready for bed.

The children and Jane Doe are the same religion and Jane Doe attends all religious services and events with them.

• The children and John Doe belong to different religions.
• John Doe seldom or never attends religious services and events with the children.

Jane Doe is the parent with the better ability to provide for the needs of our children.

• Jane Doe is the parent most likely to encourage and facilitate contact with the other parent.
• Jane Doe is the parent with the better ability to provide for the physical needs of our children.
• Jane Doe is the parent with the better ability to provide for our children's emotional wellness.
• Jane Doe is the parent who has always made the medical decision concerning our children.
• Jane Doe is the parent who has seen to our children's medical needs and has the better ability to continue to provide for our children's medical needs.

John Doe drinks frequently to the point of intoxication in the presence of our children.

• John Doe smokes in the presence of our children.
• John Doe uses illegal drugs to the point of intoxication in the presence of our children.
• John Doe drives while intoxicated with our children in the car
• John Doe has physically abused me in front of the children.
• John Doe has physically abused the children.
• John Doe has sexually abused one or more of our children.

John Doe will take our children to his country and not return them.

• John Doe is not a citizen of the United States.
• John Doe has family and other ties with his home country.
• John Doe only has minimal ties to the United States.