How Courts Decide Custody in High-Conflict Divorce Cases

Divorce in Iowa and across the United States can be a challenging experience, but when children are involved, the situation becomes even more complicated. Custody disputes in high-conflict divorce cases can be emotionally charged, especially when both parents are fighting for what they believe is in the recommended interest of their child. 

Balduchi Law Office, PC in Des Moines, Iowa, understands the emotional and legal challenges that arise in high-conflict divorce cases. Let’s explore how courts make decisions regarding child custody in high-conflict divorce cases and how you can improve your chances of achieving a favorable outcome in your case with the help of an experienced family law attorney.

Factors Considered by the Court When Deciding Custody

When it comes to deciding custody in high-conflict divorce cases, courts take a careful and thorough approach. Although every case is unique, judges typically consider a variety of factors to make sure they’re acting in the interest of the child. The court will often rely on the testimony of the parents, children, and authorities to make their decision.

It’s important to note that family law courts in Iowa won’t make custody decisions based solely on the wishes of the parents or the child. Instead, they look at a wide range of criteria to determine the most stable and nurturing environment for the child.

Here are some key factors that influence custody decisions:

• The child’s interest: Iowa law prioritizes the interest of the child when making custody decisions. This can include considerations such as the child’s emotional needs, their relationship with each parent, and the ability of each parent to provide for their child's needs. The court will assess which parent is better equipped to support the child’s overall well-being, including physical, emotional, and educational needs.

• Parental involvement and caregiving history: The court will look at each parent's involvement in the child's life before and during the divorce. A parent who has been actively involved in caregiving, including attending medical appointments, school events, and helping with daily responsibilities, may be viewed as more capable of taking on primary caregiving responsibilities. The parent’s willingness and ability to foster a positive relationship between the child and the other parent also play a key role in the decision.

• Child’s preference: Depending on the child’s age and maturity, the court may take their preference into account. However, the weight of the child’s preference varies and isn’t always the deciding factor. The court will look at how well the child is able to articulate their feelings and reasons for their preference.

• Mental and physical health of both parents: The mental and physical health of each parent is another factor the court will consider when deciding custody. If one parent has a history of substance abuse, mental illness, or other health concerns that could affect their ability to care for the child, the court may lean toward the other parent for primary custody.

• Domestic violence or abuse: In high-conflict divorce cases, any history of domestic violence, child abuse, or neglect will heavily influence the court’s decision. Courts prioritize the safety of the child above all else, and if there is evidence of abuse, the abusive parent may be denied custody or granted limited visitation rights. Protective orders may also be issued to safeguard the child from harm.

These factors are weighed carefully, and each one can influence how the court ultimately decides on custody arrangements. However, a judge’s decision isn’t always clear-cut, especially in high-conflict cases, where emotions and animosity may cloud the issue, which is why having a skilled family law attorney can help.

The Types of Custody Arrangements Courts May Consider

In high-conflict divorce cases, the court decides both physical and legal custody arrangements. Legal custody refers to the right to make significant decisions about the child's upbringing, such as those related to education, medical care, and religious instruction. Physical custody refers to where the child will primarily live.

One common arrangement is joint legal custody, where both parents share the decision-making authority regarding major life choices for their child. This arrangement is often preferred as it allows both parents to stay involved in their child's life. However, joint legal custody may not be suitable in cases where the parents can’t communicate effectively or have a history of disputes.

Another option is joint physical custody, which means the child spends significant time living with both parents. While this can help the child maintain strong relationships with both parents, it can be challenging in high-conflict cases where cooperation is difficult. In such cases, the court may implement a more structured schedule to reduce conflict.

Alternatively, the court may grant sole legal custody, where one parent has the exclusive right to make decisions regarding the child’s upbringing. This arrangement is typically used when one parent is unwilling or unable to cooperate, or if there is a risk to the child's safety or well-being.

Sole physical custody is another arrangement where the child primarily lives with one parent, and the other parent typically has visitation rights. The non-custodial parent may be granted visitation, but the custodial parent makes all day-to-day decisions about the child’s care.

When sole custody is granted, the court will typically establish a visitation schedule for the non-custodial parent. The visitation schedule can vary based on the child's needs and the parents’ ability to cooperate. In cases where there is a history of abuse or neglect, visitation may be supervised to protect the child’s safety.

How the Court Handles High-Conflict Divorce Cases

In high-conflict divorce cases, the court may take additional steps to help resolve custody disputes. These cases can involve significant emotional tension between the parents, which can complicate the decision-making process.

Judges often rely on professionals, such as child psychologists or family therapists, to evaluate the child’s needs and assess the parents’ ability to provide a stable environment.

Here are some ways the court handles high-conflict custody cases:

• Child custody evaluations: In high-conflict cases, the court may order a child custody evaluation to assess the family dynamics, the child’s relationship with each parent, and the overall interest of the child. A trained evaluator will interview both parents, the child, and other family members, and may observe interactions between the child and both parents. The evaluator’s report will provide the court with recommendations regarding custody and visitation arrangements.

• Mediation or alternative dispute resolution (ADR): In some high-conflict cases, the court may require the parents to attend mediation or ADR before making a final custody decision. Mediation allows parents to meet with a neutral third party to discuss and resolve their disagreements. If mediation is successful, it can help avoid the need for a trial, which can be time-consuming and costly. However, mediation may not always be effective in high-conflict cases, particularly when there is a history of abuse or one parent refuses to cooperate.

• Supervised visitation: If the court is concerned about the safety or well-being of the child, it may order supervised visitation between the non-custodial parent and the child. This means that the parent’s visits with the child will be monitored by a third party to protect the child’s safety. Supervised visitation is often ordered in cases involving allegations of abuse, neglect, or substance abuse.

In high-conflict cases, the court may take a more involved approach to resolve custody disputes and protect the child from potential harm. By using professionals, mediation, and other measures, the court works to find a solution that is in the interest of the child.

How a Family Law Attorney Can Help in High-Conflict Divorce Cases

If you're facing a high-conflict divorce, having an experienced family law attorney by your side can make a significant difference. A skilled attorney can help you understand the legal process, support you in custody negotiations, and represent your interests in court. In high-conflict cases, a family law attorney is essential in several ways.

First, they can assist with gathering evidence, which is crucial in custody disputes. Your attorney can help collect relevant documents, such as medical records, official testimonies, and proof of your involvement in your child's life, to strengthen your case.

Additionally, divorce and custody cases can be overwhelming, especially when tensions are high. A family law attorney will guide you through the legal procedures, manage the paperwork, and make sure your case is presented effectively in court. Your attorney’s primary goal is to protect your rights and advocate for your child’s interests.

A family law attorney at Balduchi Law Office, PC can assist in negotiating a settlement that protects your interests and establishes a custody arrangement that benefits your child. In high-conflict divorce and custody battles, working with a knowledgeable attorney is crucial.

Contact Balduchi Law Office, PC Today

Custody disputes in high-conflict divorce cases can be incredibly challenging and emotionally draining. Balduchi Law Office, PC, is committed to helping clients throughout Polk County and surrounding counties, including Des Moines, Iowa, and beyond, resolve custody disputes in the interest of their children. Reach out today to speak with an experienced family law attorney.