While divorce is bound to heighten emotions, the court must sometimes address intense disagreements between parents. Even if both parents cannot agree on parenting decisions, visitation schedules, or refuse to follow court orders, the court must resolve these issues in the fairest way possible. In a high-conflict parenting case, the court assesses which parent is most likely to prioritize the child’s needs before making custody decisions. If you are currently dealing with a high-conflict parenting situation, our San Antonio child custody lawyer is more than happy to discuss it with you.
Ordering Psychological Evaluations
High-conflict cases require the court to conduct further evaluation of family dynamics. By ordering a psychological evaluation, the court can better evaluate each parent’s mental fitness and ability to care for their child.
The court may order a psychological evaluation in any of the following situations:
- If parents disagree on a child’s living arrangements
- If there is concern over a parent’s mental health or stability
- If the child or either parent shows behavioral or emotional issues
- If one parent accuses the child’s other parent of abuse or neglect
- If one parent attempts to turn the child against the other parent (parental alienation)
- If one parent requests an evaluation, and the court agrees
Performed by an impartial psychologist, the evaluation consists of psychological testing, interviewing each parent individually, and assessing each parent’s interactions with the child. This evaluation spans multiple sessions, allowing the evaluator to assess familial relationships and how disputes are resolved. Upon completion of testing, the psychologist will submit a written report to the court with custody and visitation recommendations.
Appointing an Amicus Attorney
The court will need more information before deciding what is in your child’s best interest. In high-conflict parenting situations, the court will often hire an amicus attorney. An amicus attorney is someone who provides legal services to the court. In custody cases, this is done by interviewing your child, both you and your child’s other parent, and any other parties involved. This information will allow an amicus attorney to evaluate family dynamics to make appropriate recommendations to the court.
Creating a Detailed Parenting Plan
If the parents cannot agree on custody terms, the court may issue a parenting plan. A court-ordered parenting plan will include a standard possession order that sets a schedule for parenting time. This will include a schedule for when the child will stay with each parent (custody) and when each parent has access to the child (visitation). By providing clear expectations for each parent, a court-ordered parenting plan reduces the chance of further conflict.
Implementing Supervised Visitation
If there is concern regarding a child’s safety or one parent’s emotional or mental stability, the court may order supervised visitation. During supervised visitation, the noncustodial parent will be able to visit with the child under third-party supervision. The third-party supervisor will take notes during the visit. At the end of the visit, the supervisor will relay their observations and offer suggestions for improving future visits. Texas law requires the noncustodial parent to abstain from alcohol or drug use within 12 hours of visitation.
Court Intervention Requires Legal Guidance
If you are currently in the midst of a custody battle, legal guidance is essential to protecting your parental rights. Although a judge is more likely to be more involved in a high-conflict parenting case, they have no duty to provide legal advice. That is why you should always work with experienced counsel. Our San Antonio child custody lawyer has represented countless parents in high-conflict situations with great success. Attorney Justin D. Cook knows what inquiries should be made into your case to get answers when needed. Preserving your parental rights is our number one goal, and we do so unapologetically.
Consult with Our San Antonio Child Custody Lawyer Today
You only want what is best for your child, but it can come at a severe financial cost. If you are currently in disagreement with your child’s other parent over custody arrangements, our San Antonio child custody attorney would like to help. With over 15 years of experience serving families in central Texas, The Cook Law Firm & Associates PLLC knows what strategies yield the best results. To arrange your consultation with our family law attorney, contact us online or by calling (210) 740-0281.