a small firm that packs a big punch
- Home
- Attorneys
- Articles
- Practice Areas
- Family Law
- Criminal Defense
- Employment Law
- Personal Injury
- Workers’ Compensation
- Real Estate
- Wills, Trusts & Estates
- Blog
- Courts We Serve
- Contact
- Toggle website search
It can be difficult to endure a custody battle, especially as part of a contested divorce. In cases like these, it’s not rare for a custody battle to evolve into a high-conflict custody battle. Above all, you want to make sure that you never lose sight of the fact that this is all about making sure your kids remain your top priority. With so much to worry about, it’s easy to forget that. That’s why it’s so important to hire a Montclair high-conflict custody lawyer to help you win your case.
The legal team at The Montanari Law Group understands how hard it can be to succeed in a high-conflict custody battle. The stakes may be very high for you as you navigate your case. It’s good to have a Montclair family attorney by your side to help you avoid being taken advantage of. You will want someone who has experience with high-conflict custody cases and an impressive knowledge of high-conflict custody laws. Our firm can assist you.
Arguably, the most important decision you can make for your case is to hire a child custody lawyer in Montclair. High-conflict custody battles are often a symptom of a contested divorce, and your spouse may be trying to use your kids as bargaining chips just to hurt you. It’s vital to be the bigger person and use the facts to win. Michael J. Montanari has spent a long and decorated career helping families in Montclair through divorces, custody battles, and more. He can help you, too.
High-conflict custody battles often occur during a painful divorce, with each parent trying to ensure they don’t lose custody of their children. You may want to consider the rates of marriage and divorce in New Jersey, as knowing those statistics can help you feel less alone in your decision. The marriage rate in the state is 5.4 per 1,000 people, as of 2023, according to the CDC. The divorce rate is 2.2 per 1,000 people, according to data from World Population Review.
Navigating a high-conflict custody battle can be draining to your mental health. This may be one of the hardest situations you’ve ever been a part of. It may be beneficial to talk to somebody, particularly a divorce support group like DivorceCare or Fathers’ and Children’s Equality, Inc. (FACE). It’s helpful to surround yourself with individuals who are going through the same situation as you, because having a place to talk can make all the difference.
High-conflict custody battles are not the same as regular custody battles. They are much more aggressive, surrounded by tension, and often result in an unfavorable outcome for one parent. There are many distinct elements that could be present in your case that you will have to deal with in order to move forward, and they aren’t pleasant. Your lawyer can help you make sure these issues don’t derail your case. Here are some of the elements of a high-conflict custody battle:
The biggest mistake you can make in a custody battle in New Jersey is failing to prioritize your children’s welfare over your own. If the court sees you trying to use your kids as leverage in your divorce, it can seriously impact the custody arrangement. You may end up losing some degree of custody if the court doesn’t trust you to be a consistent and reliable parent.
The most effective way to win a high-conflict custody case is to document all of your interactions with your child and make consistent efforts to prioritize your child’s welfare above your own. This includes not badmouthing your spouse, avoiding emotional escalation, and doing everything the smart way. Your lawyer can help you stay on track and gather all the evidence you need of your parenting skills.
There are many different behaviors that look bad in a custody case. Above all, you should never use your children to get back at your spouse. Don’t pump them for information about your spouse, don’t badmouth your spouse in front of them, and don’t make any threats to your spouse. Avoid engaging in questionable behavior that could make the court view you as a bad parent or a bad influence. Cooperate when necessary and be present for your kids.
There are many ways that a high-conflict custody lawyer can help your case. Your lawyer can help you make an effective plan to prioritize the right goals and make sure you are working towards the right outcome. They can act as a buffer between you and your spouse to ensure communication continues to flow and conflict is reduced.
At The Montanari Law Group, we can help you figure out the right course of action for your custody case. Contact us to speak to someone who can help you.