Because child custody orders can give or take away a parent’s rights to their child, they generally involve disputes. However, some child custody cases are so contentious that parents can barely be in the same room as one another. High-conflict child custody battles are challenging and can halt the divorce process completely. If you’re part of a complex child custody dispute in Napa, CA retaining an experienced family lawyer is the smartest way to protect your child.
At Hayes Family Law, we know just how much your child means to you. Our team empathizes with the emotions and obstacles that a contentious divorce can bring on, which is why our services prioritize you and your child at all times. Led by an accomplished certified family law specialist, our legal team works to offer exceptional litigation services during complex child custody disputes. With our conflict resolution skills, in addition to our extensive experience in negotiation, Hayes Family Law can offer you the representation you need during a contentious custody case.
When two parents discuss child custody matters, it can be common for disagreements to arise. However, when intense, bitter disagreements are constantly occurring throughout your case, it generally is considered a complex dispute. Complex child custody disputes, also commonly known as high-conflict child custody cases, occur when parents cannot compromise and struggle to get along in court. Unfortunately, many times a high-conflict case only occurs because of the behavior of one parent. Despite the roots of your disagreements, it’s imperative to hire a complex child custody dispute lawyer to find resolutions quickly.
Common issues in a high-conflict child custody case can include:
- Parents are unable to make agreements and get into disputes outside of court.
- One or both parents argue or behave poorly in family court.
- One or both parents continuously object to the decisions made by a judge.
- One parent suspects abuse, causing conflict between both parents and the child.
- One parent wants to move away, but it would impact the custody order in place.
- Parental alienation.
If you are involved in a complex child custody case, then it is most likely that your case has already moved to family court. When a judge holds the responsibility of forming a child custody order, it is their legal duty to make a decision that is based on what is most beneficial for the child involved. In California, this is referred to as considering the child’s “best interests.” It is the job of a judge to always think about what is most optimal for a child because a divorce can impact them heavily. When taking into account a child’s best interests, a family court judge will look at a multitude of elements, such as:
- How old they are
- The relationships they share with each parent
- Their current health condition and if they require extra care
- If any reports of abuse have been made on either parent
- If a parent has the capability to provide for their child properly
- Where the parent lives and who they live with
- The preferences of a child (if they are of sufficient age)
In addition to considering a child’s best interests, a judge will also analyze each parent to ensure they can care for their kid if granted physical or legal custody. For example, a judge will look at the income of each parent and their current living situation.
Do You Need a Lawyer for High-Conflict Child Custody Cases?
All legal professionals will implore you to retain a family lawyer if you are involved in any kind of high-conflict case, including those involving visitation. This is because, with additional conflicts, the rights of you and your children could be at risk. Conflicts often make cases become bitter, leaving both sides fighting for their own desires instead of negotiating. Hiring a child custody lawyer who can represent you and your child’s best interests in a high-conflict case is essential to ensure solutions are found.
What Is Parental Alienation in California?
Parental alienation is the legal term used to describe the act of one parent manipulating their child into disliking the other parent. This is often done through condescending comments, lies, and deceitful stories. Parental alienation is often used so that one parent can take advantage of a child, whether it be for a custody decision in their favor or for other reasons. If you suspect your child is alienating you because of their other parent, talk to Hayes Family Law immediately.
How Do You Win Sole Child Custody in California?
If your custody case is under the jurisdiction of the Napa Family Court, you will have to present a judge with sufficient evidence as to why you should have sole custody if you want it. This is because despite what both parents may want, the judge is going to make their final decision based on what is most important for your child. To win sole custody, you and your lawyer will need to prove that it will be beneficial to your child and their welfare.
How Far Are You Allowed to Move with Your Child After a California Divorce?
If you share joint custody with your co-parent, you cannot move over 50 miles away without requesting permission from the court. This is because long-distance moves can negatively impact your current child custody order. In cases of sole custody, the custodial parent can move anywhere, but if it is over 50+ miles away, they must notify the non-custodial parent and allow them to dispute it if they so choose.
Splitting the rights that two parents once shared over their child is extremely difficult. At Hayes Family Law, we take the steps needed to help our clients find solutions in the toughest of cases. If you or someone you love is involved in a complex child custody dispute, our firm can offer you experienced guidance and representation built around your needs. Contact Hayes Family Law to request a consultation with us today.