At Montanari Law Group, our seasoned attorneys assist parents with the many hurdles that must be overcome to successfully resolve high conflict custody cases in West Orange, Millburn, Caldwell, Haledon, Paramus, Woodland Park, Ridgewood, and throughout Northern New Jersey. Contact our offices in Little Falls, New Jersey, at (973) 233-4396 today to speak with an attorney who can assist you.
By definition, any form of litigation or court proceeding with adversarial parties involves some degree of conflict. The parties appear in court in order for the judge to resolve their dispute and provide them with a resolution. Sometimes, custody cases can involve a dispute between the parents of a child or one or more parents of the child and the state. Typically, standard level custody conflicts can be resolved through mediation or negotiation between the parties. These negotiations may simply be worked out between the parties themselves or with the assistance of their lawyers. It is also common for custody disputes to be mediated, which is a process in which the parties present their conflict to a neutral mediator, who helps them to reach a mutual agreement about how to handle their custody arrangements.
However, sometimes the facts of a case and emotions involved are so intense that the parties are unable to cooperate and negotiate any type of mutual agreement. Not only must high-conflict custody cases be litigated, that is, argued in court before a judge, but they also commonly involve drawn out legal proceedings with many different motions filed, accusations made, and, frequently, little progress towards resolution until the judge issues an order binding the parties to the court’s decision.
There are many times where high-conflict custody cases arise out of genuine concerns for the well-being of the child. Yet, truth be told, there are a lot of other instances where the adults in a child’s life use a custody dispute as a way to assert control over or even punish the other parents. Perceptions about one parent’s ill-motives can often add fuel to the fire of the conflict. If one parent believes that the other is acting out of spite or using their child to manipulate the situation, emotions and counter-accusations can escalate quickly.
One of the most common issues of contention in custody disputes involves custody, parenting time, and visitation arrangements. The parents may disagree with how to share custody or where the child’s primary home should be. Within these disagreements, one parent may allege that the other parent cannot provide a safe living environment for the child and even make accusations about substance abuse, criminal activities, or otherwise dangerous lifestyle choices. One parent may accuse the other of trying to limit or control that parent’s access to their child or manipulating and alienating the child.
Disputes about decision-making powers can also be a key issue. The parents may disagree on decisions concerning very closely-held beliefs about the child’s healthcare, practice of religion, education, who they hang out with, whether they are allowed to date, and more.
Of course, the financial side of co-parenting is ripe for controversy in high-conflict custody disputes. It’s very common for parents to argue over the amount of child support, make accusations of missed support payments by the paying parent or misuse of funds by the receiving parent. More often than not, these accusations tend to be directed at the non-custodial parent by the custodial parent, but it can also take the form of accusing the custodial parent of using funds intended for the child’s care for their own personal expenses or otherwise failing to provide the child with the need that the money was intended for.
Certain situations can also exacerbate an already high-conflict custody dispute. Oftentimes, accusations of substance abuse or domestic violence or the threat of one parent’s relocation to another state or distant area can worsen an already intense case. Allegations of addiction or abuse not only create further conflict between the parties but they also tend to significantly extend the legal proceedings as the court will order investigations, testing, and evaluations to determine the validity of these claims.
In New Jersey child custody cases, the court’s main priority is the best interests of the child. In accessing what outcome would be in the child’s best interests in a particular case, the court considers many factors like the age and health of the child, any special needs of the child, the child’s relationship with each parent, the child’s ties to the community in which each parent lives, the fitness and character of each parent, each parent’s ability to provide a safe and healthy home for the child, and any history of domestic violence, substance abuse, mental health issues, or any other issue that could adversely impact the well-being of the child.
Each parent’s willingness to foster a positive relationship between their child and their child’s other parent is also a significant factor that the courts will consider. If the court finds that one parent is improperly alienating the child, either physically or emotionally, from the other parent, these actions will count against the alienating parent. If a child is old enough to express their preference of which parent to live with to the court, then the court may also take this information into consideration when making a custody determination.
Regardless of the level of conflict involved in a custody dispute, there are also prudent, proactive steps that a parent can take to try to mitigate the impact of these conflicts on their child, self, and family unit as a whole. By keeping the child’s best interests at the forefront of your mind and always being willing to communicate and work toward the best solution for the child, parents can help to reduce the tension and high-charged emotions. Remember, that does not now mean that you need to be the one or should be the one communicating with your child’s other parent. In fact, allowing your attorney to facilitate communications, particularly during this time of high-charged emotions, may be the best way to mitigate further conflict.
Going through a high-conflict custody case can be one of the most overwhelming, emotionally taxing experiences in one’s parenting journey. If you’re facing a child custody dispute in Clifton, Paterson, Totowa, Wanaque, Wayne, or anywhere else in Passaic County, Bergen County, Essex County, our Northern New Jersey, the experienced family law attorneys at Montanari Law Group can help. We will help you understand your rights and options in this difficult situation and advocate for the best interests of you and your child. Many individuals in these situations can be provoked by anger to make bad strategic decisions or scared and disempowered to stand up for their rights and the best interests of their children. Our compassionate and highly knowledgeable custody lawyers can guide you through the legal process, gather persuasive evidence to support your position, and help you make informed decisions to protect you and your child.
If you are facing a high-conflict custody battle, do not go it alone. Contact our team today at (973) 233-4396 for a free consultation, and if you enlist our help, we will work tirelessly to secure the best possible outcome for you and your child in this stressful situation.