High Conflict Custody Litigation in California – All You Need To Know

Some of the most stressful cases in the California court system are high conflict custody litigation cases, including child custody cases and disputes. Divorcing parents must resolve custody of their children, and unmarried parents must get valid custody orders if they want to raise their children separately.

What Is a High Conflict Custody Case?

Some child custody cases are considered high conflict when they involve:

• Specialized care and complex issues
• A history of domestic violence
• Child neglect
• Substance or alcohol abuse
• Parent alienation
• Children with special needs
• A narcissistic parent
• Allegations of sexual abuse and/or
• Move-away/relocation

In difficult cases like these, you need an attorney in your corner who understands the complexities of the law and the importance of potentially involving other professionals, like experts on child custody evaluations, psychologists, medical professionals, and others, depending upon the facts of your case.

What Do Judges Look for in Child Custody Cases in California?

The most significant deciding factor in child custody cases is the best interests of the children involved. Family court judges determine what’s right for the child or children and look at each individual parent’s:

• Housing situation
• Relationship with the child
• Social habits
• Income
• Relationship with drugs and alcohol
• Schedule and available time to spend with the children and/or
• Criminal history

The family court judge will examine the whole situation to determine whether a parent is a safe caretaker. An experienced attorney argues their client will be the ideal caretaker for a child or children during a custody dispute.

Experienced Attorneys Offer Support With Emotional High Conflict Custody Litigation

Custody disputes present difficult legal issues. It is natural to become overwhelmed and react emotionally, which could adversely affect your custody case and the future of your children. An attorney can offer the care, emotional support, and legal knowledge necessary to navigate the Anaheim court system successfully.

It can be incredibly stressful for any parent to even think about losing time with their children. Whatever your reasons for entering the Anaheim court system, it’s important to have an experienced lawyer on your side for any custody or visitation dispute. Representing yourself could exacerbate an already tough situation and affect the rest of your life and that of your children.

Having an experienced California family law attorney by your side is vital during a custody dispute. They can help you navigate the intricacies of specific circumstances, potentially avoiding some common mistakes often made in a custody battle.

An attorney should work to protect your rights and your future involvement in your children’s lives. An experienced child custody lawyer can make sure you understand your rights and obligations. They can explain the risks and results of any particular decision you face and help you make rational decisions regarding litigation or settlement of custody disputes.

FAQs

What Are the Biggest Mistakes in a Custody Battle?

Based on our experience, some of the most common, avoidable, and costly mistakes parents unfortunately make during a custody battle can include:

• Abruptly and dramatically changing the child’s schedule
• Attempting to move the child far away from the other parent
• Isolating the child from the other parent, even if one parent has traditionally been the primary caregiver
• Badmouthing the other parent
• Placing the child in a dangerous situation

What Happens When a Coparent Wants to Move Away?

California provides a framework to balance the right to move of the custodial parent against the noncustodial parent’s right to keep a close relationship with the child and the best interests of that child. Factors include:

• How the move will affect the child’s physical, emotional, and educational well-being
• The child’s relationship with both parents
• Current arrangement stability, and
• The potential benefits and drawbacks of the proposed move

It can impact the dynamics of a shared custody arrangement when a coparent wants to move away.

Who Wins the Most Custody Battles?

It can be difficult to determine which parent wins the most custody battles. According to the U.S. Census, in the last year, there were more than 13.4 million parents separated from their child’s other parent. In five out of six of those cases, the legal custodial parents were mothers.

Your role should be the most important factor in your children’s custody agreement. This approach allows everyone to thrive after a custody dispute takes place.

What Types of Evidence Will My Case Involve?

The parties to a child custody case will go through the discovery phase of a lawsuit, which allows both parties to gather evidence in support of their claims. Each party may:

• Request and examine documents
• Be asked to provide financial records
• Produce communication logs
• Provide deposition testimony and/or
• Give other relevant materials to the opposing party.

An attorney should provide legal guidance during discovery to protect your parental rights and obtain a fair outcome.

What If a Coparent Interferes With a Custody or Visitation Court Order?

A parent might mistakenly interfere with a custody or visitation court order. For example, one parent could believe that if the other doesn’t pay child support in a timely fashion, they can withhold visitation time. This is not true, and the withholding parent has possibly violated a court order.

However, interference could be much more subtle. For example, if a parent is pressured into giving up scheduled parenting time, that might also violate a court order. An attorney can provide further information about court order interference.

Contact an Experienced High Conflict Custody Case Lawyer

Custody cases are inherently overwhelming, and every custody case requires individualized care. At Moranda Law Firm, APC, our team focuses only on family law cases. Beverly D. Moranda has handled many complex custody cases locally and throughout Southern California. Our team applies this valuable experience to every individual case.

Beverly D. Moranda is on your side. Let us help you understand the legal process, know your rights, and zealously advocate for your interests in your custody dispute. Consult Moranda Law Firm, APC, and set up a consultation today to discuss your custody options.