What You Should Know About High-Conflict Child Custody Cases

 Posted on December 27, 2024 in Child Custody

There are very few divorces that do not involve at least some level of stress and emotional pain. While some couples may be able to negotiate asset division and spousal maintenance with at least a modicum of civility, custody issues often bring out the worst in both parents.

When the determination of custody and visitation is filled with conflict, you face a situation that is not only financially and emotionally draining but also legally complex.  Having a highly experienced McKinney, TX child custody lawyer who can guide you through these legal negotiations is extremely important.

When a Parental "Win" May Not Be in the Child’s Best Interests

Regarding child custody and visitation, the concept of "winning" is not really applicable unless the win is from the child’s perspective. The courts are only concerned with finding a custody arrangement that is in the child's best interests. Unless there is evidence to the contrary, the courts will assume that time spent with both parents accomplishes that goal.

Parents who have engaged in battle in every other aspect of the divorce may be unable to see the proverbial forest for the trees, assuming that the parent who gets primary custody has "won." The true goal should be a custody and visitation schedule that allows the child to spend regular time with each parent. Negative verbal exchanges and confrontations between parents are counterproductive. Conflict needs to be minimized while maintaining a focus on the child’s well-being.

What is Involved in a High-Conflict Child Custody Case?

High-conflict child custody cases can rarely be settled through alternative dispute techniques like mediation. Custody cases that involve extended conflict can result in a divorce that drags on for many months or years, leading to instability in the home situation for children.  In a high-conflict child custody case, neither parent may be willing to give an inch, leading to disputes that include:

• Temporary court orders that allow both parents to see the children during the divorce
•  Custody evaluations done by professionals who will spend time with the children and the parents and then provide a recommendation to the court.
•  Lengthy discovery, including depositions and interrogatories.
• A guardian ad litem may be appointed on behalf of the child to ensure the child’s best interests are being served.
• Parental alienation could be present on the part of one or both parents.
• Determinations on how mental health, substance abuse, or domestic violence on the part of one parent will affect custody.   

Achieving a Favorable Child Custody Outcome in the Midst of Conflict

Having a highly trained, experienced legal professional as a part of the child custody process is important when navigating high-conflict child custody issues. While both parents should do their best to keep the focus on the child and show that the child’s well-being is the primary concern, if one parent refuses, this does not mean the other should retaliate in kind.

The judge will be watching the parents closely to see whether the child’s best interests or retaliation against a spouse seems to be the goal. Keeping detailed records can make a difference in the outcome of a child custody case. Every interaction, communication, and problem with the other parent should be documented.

Staying calm while projecting stability and reliability is key during a high-conflict child custody case. To the extent possible, avoid confrontations with an angry or unreasonable spouse, especially when the child is present. Cooperate fully with custody evaluations, as these can be critical in determining custody.

Contact a Collin County, TX Child Custody Lawyer

Child custody issues have the potential to be contentious, yet having a knowledgeable McKinney, TX child custody lawyer from The Ramage Law Group as your advocate can make a difference in the outcome. We are an all-woman firm that focuses on collaborative law, the best outcomes for children, and strong communication with our clients. Call 972-562-9890 to schedule an initial attorney meeting.