Child custody matters are often emotional, but some cases can be elevated to a point where communication between parents entirely breaks down. High-conflict custody in New Jersey can be extremely stressful, especially when it feels like every decision becomes a dispute. Whether you are first entering the child custody process or are in the middle of a custody battle, understanding your legal options for a resolution is crucial. The New Jersey family lawyers at The Montanari Law Group can prepare you for what’s next.
An Overview of High-Conflict Custody in New Jersey
A child custody case becomes a high-conflict one when parents cannot cooperate or come to an agreement on important decisions involving their child. About 10.9 million family groups have one parent, leaving many families to navigate important decisions about issues like parenting time, visitation rights, or child support. When parents can’t agree, they move to court to settle these important topics.
Effectively working through a high-conflict divorce is important for setting up a child custody arrangement that reduces further disputes. It is found that conflict decreases as time passes, with rates of heightened conflict decreasing from 50% right after the divorce to about 25% after several years.
How New Jersey Courts Handle Conflict
Though most child custody cases are settled out of court, the New Jersey Superior Court has a larger role in high-conflict cases. When parents can’t agree, a judge will evaluate both parents’ evidence and arguments. Then, they will determine a child custody arrangement that is in the best interests of the child. The judge will look at several factors to find a plan that fits the family’s needs, including:
- The child’s age and sex
- The child’s emotional bond with both parents
- The parents’ ability to provide everyday care
- Past instances or ongoing issues with substance abuse, domestic violence, or neglect
- The parents’ schedules
- The child’s preferences
As with negotiations, you can hire a New Jersey child custody lawyer when in court.
What You Should Expect During a High-Conflict Child Custody Case
Unfortunately, a high-conflict case is often more time-consuming and stressful compared to settling out of court. While working with an experienced New Jersey high-conflict child custody lawyer can minimize the additional burden disputes can have, you may expect:
- Multiple court hearings
- Communication records and financial documents to be exposed in court
- False, exaggerated, or unrelated accusations from your child’s other parent
- Extensive evidence-collection processes
- Processing or scheduling delays that increase the length of the case
- Temporary custody or parenting time orders
- Extreme emotional strain
Why You Should Hire a Child Custody Lawyer
A child custody case can escalate quickly, becoming difficult to manage without legal support. An experienced New Jersey child custody attorney can help you navigate the process and seek a favorable outcome by:
- Communicating your arguments in court. Custody disputes often become emotional, making it extremely challenging to put forward a calm, facts-based argument in court. A lawyer can communicate on your behalf, expressing your arguments clearly, even during heated moments.
- Gathering and presenting evidence. Text messages, emails, financial records, court documents, and other evidence must be gathered and presented. A lawyer can manage the evidence and effectively incorporate it into your legal strategy.
- Responding to false claims. In high-conflict cases, allegations are common. A lawyer can challenge inaccurate statements or exaggerations. That way, accusations made out of anger or stress do not impact your credibility in court.
- Explaining the child custody laws and legal procedures. While some parents can settle child custody decisions through negotiation, high-conflict cases involve more steps. A lawyer can explain the process and applicable laws to your case. Then, you can know what to expect during the legal proceedings.
- Preventing procedural errors. Child custody laws outline strict rules and deadlines for court paperwork. A lawyer can manage these details so you aren’t overwhelmed by procedural elements. Their guidance can also prevent you from making small errors that can be difficult to resolve.
- Advocating for long-term stability for your child. Beyond resolving an immediate dispute, a lawyer can look for ways to minimize the likelihood of future conflict. They can negotiate for custody arrangements with high levels of structure and consistency, minimizing the amount of coordination and flexibility needed between parents.
FAQs
What Should I Avoid Doing During a Custody Battle?
During a custody battle, avoid actions that could harm your credibility or show that you are not prioritizing the best interests of the child. For example, do not violate current court orders, withhold parenting time from the other parent, or speak negatively about the other parent in front of the child. Additionally, it is recommended to avoid posting about the case on social media. If you hire a high-conflict child custody lawyer, they can help you avoid these errors.
What Constitutes an Unfit Parent in New Jersey?
In New Jersey, an unfit parent is one whose behavior or living circumstances would negatively affect a child. Because courts use the standard of the child’s best interest when evaluating a parent’s fitness, actions that can harm the child, such as substance abuse, neglect, domestic violence, or the inability to provide day-to-day care, can all cause a parent to be deemed unfit.
How Can You Prove That the Other Parent Is a High-Conflict One?
Proving that a parent is a high-conflict one involves showing a consistent pattern of disruptive or unreasonable behavior. Evidence may include:
- Repeated violations of court orders
- Refusals to cooperate on parenting decisions
- Interference with visitations
Courts may consider evidence of a parent’s tendency to escalate or cause conflict when determining child custody, as it impacts the child’s stability and whether it is possible to have a co-parenting relationship.
Can Temporary Child Custody Orders Be Made During a High-Conflict Case?
Yes, courts will often issue temporary orders while a case is ongoing if it is in the best interests of the child. If parents cannot effectively co-parent, having a temporary arrangement can minimize further conflict and provide stability for the child. Once a final order is issued, the court will replace these temporary orders.
Reach Out to The Montanari Law Group
Dealing with conflict alone can be stressful and ineffective. Contact The Montanari Law Group to speak with a New Jersey child custody attorney. Our attorneys can work to find the right custody arrangement for your family, despite any conflict.