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The Parents' Rights in Cases Involving High Conflict Over Custody

Posted by Crissy Del Percio | Dec 10, 2019 | 0 Comments

high conflict over custody

High-conflict child custody cases are one of the most complex and emotionally charged aspects of divorce law, requiring an expert knowledge of legal rights to arrive at an equitable resolution. Therefore, parents who find themselves engaged in contentious custody battles should know their rights so they can navigate this tangled legal terrain effectively.

Parents involved in high-conflict custody cases have an absolute right to legal representation. When seeking advice from an experienced family lawyer regarding legal matters affecting you or your interests, legal representation becomes more than a right; it becomes an indispensable way of navigating an intricate legal system.

Parents also have an equal right to actively participate in the decision-making process regarding child custody arrangements. When dealing with high-conflict situations or when custody disputes arise, both parties are allowed to voice their concerns or preferences freely. When determining custody agreements, courts take into consideration factors like the child's best interest, the parent's ability to create a stable home environment, as well as any significant relationships between each of their children and each parent.

Visitation rights can be an essential element of legal entitlements a parent possesses in cases of high conflict. Even when one parent has primary physical custody, non-custodial parents often retain visitation rights as an effort to foster relationships between themselves, their child/children, and both parents amidst any challenges caused by divorce.

Parents involved in high-conflict custody cases have the right to request modifications of custody orders if circumstances significantly alter, such as employment changes or changes in their child's needs. Parents can address changing circumstances by seeking legal advice and filing a petition to modify custody arrangements.

Parents should understand they have the right to an impartial and fair evaluation by the court in their child custody cases. Both parties have access to calling witnesses and presenting evidence before making decisions that serve the best interest of their children. It is essential for high-conflict cases that due process is followed to protect a parent's right and ensure an equitable result.

Under certain conditions, courts can restrict parental responsibilities to ensure child safety. They can restrict visitation rights or custody rights if one parent has been found unfit due to domestic violence or substance abuse. This serves to safeguard their welfare as well. It is vitally important that courts understand this delicate balance between parental rights and child welfare in such complex cases.

In conclusion, high-conflict custody disputes involve complex legal rights for parents, including seeking representation, participating in decision-making processes, securing visitation rights, and requesting modifications. However, these rights must be exercised with the child's best interest in mind, and courts may intervene to ensure safety. Navigating these disputes requires a delicate balance between legal expertise, advocacy, and dedication to child welfare.

If you have questions regarding this topic or if you want to hire a divorce lawyer that is truly helping couples separate amicably in Kansas City, contact Drama Free Divorce through this number (816) 615-5555. Call their office and talk to their staff about your situation or your concerns.  

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 

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