When Custody Gets Complicated

Posted by on Sep 1, 2019 | 0 comments

Every divorce is different. Sometimes, a divorce can go super smoothly, leaving both parties satisfied with how the marriage ended. Other times, divorce proceedings can last for months or maybe even years. These divorces can be mentally and financially draining for all those involved.

The same applies to custody battles during divorce proceedings. Sometimes, they go off without a hitch. Other times, they can become the most complicated factors of a divorce. These situations are usually referred to as high conflict custody.

If you’re about to go through a custody battle of your own or know someone who is about to enter one, continue reading! You’ll learn more about high conflict custody battles and how they may impact divorce proceedings.

Factors Contributing to a High Conflict Custody Battle

There is a wide range of factors that can elevate a regular custody proceeding into a high conflict custody battle. Here are just some of the factors contributing to a high conflict custody battle:

  • Physical and emotional abuse of one partner or the children
  • Neglect of childcare duties
  • Alienation by one parent involved
  • Substance abuse
  • Marital fault (such as an affair)

If you have one of these elements involved in your divorce and you have children, you may be entering a high conflict custody battle.

What Makes These Custody Battles So Hard?

A lot of pent up emotion and energy goes behind a high conflict custody battle. By the time that the case ends up in front of a judge in court, there is a lot of built-up emotions shared by both parents.

As you can tell by the list of factors contributing to these types of custody battles, usually the well-being of the child or children is at stake. Normal custody battles can be draining for children, as they may feel as if they are expected to choose sides, but high conflict custody battles can be even more draining because the children have already gone through a lot.

Getting Sole Custody of Your Child

In any of the above situations, you may feel as if you deserve sole custody for your child as the other parent may be unfit to raise a child or it would be unsafe for them to be raising your child. The ease at which you can get sole custody of your children depends on the state in which the divorce proceedings are happening.

In Texas, for example, it may be difficult to get sole custody of your child because the law assumes a child would be better off if raised by both parents.

There are, however, exceptions to this rule. If one parent is dead or incarcerated or has been shown to be physically abusive, it may be easier to win sole custody. It is important to research the exact laws in your state to get a better understanding of all potential outcomes.

No matter where you live, the best thing to do is to reach out to a custody law firm like BB Law Group, PLLC who can help you navigate a high conflict custody battle.

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