Helping Parents Battle to Protect Their Custody Rights
Most separating parents are willing to try to work together to reach a custody agreement to protect their children, as well as to keep the decision out of a judge’s hands. Cooperating to reach a custody agreement can also help to preserve relations between the parents, which can lead to healthier co-parenting and prevent the child from feeling “in the middle.”
However, some parents are unable to reach an agreement, or perhaps even try to do so. When there is substantial conflict in a custody case, you should have the right legal team on your side that is ready to fight for your rights as a parent. If you’re in the Phoenix area and facing a possible custody battle, call the family law attorneys at DeShon Laraye Pullen PLC as soon as possible.
Reasons for Increased Conflict
There are many reasons why parents may be unable to work together or even communicate during a custody case, including:
- The relationship between spouses broke down so entirely and the divorce is so acrimonious that the parents refuse to make any concessions, including regarding their children
- One parent insists on fighting for sole custody of the child (without a valid reason) or wants to move out-of-state with the child
- One parent fears for the child’s safety due to past domestic abuse or the other parent’s problematic lifestyle
- One parent was absent for a long time and suddenly came out of the woodwork demanding parenting time and decision-making rights
Any of the above can result in a difficult situation for everyone involved, and a court hearing may seem inevitable.
Our lawyers can closely examine the reasons behind the conflict and identify possible solutions to keep you out of court and in control of your own fate. Sometimes, mediation can help even the most adversarial of spouses set aside their difference for a moment for the well-being of their child. Even if you cannot agree on all issues, you may be able to reach middle ground when it comes to a custody arrangement. Mediation can help you understand where the other parent is coming from, and vice versa. Reaching a custody agreement can help improve the chances of healthy co-parenting in the future.
We also realize that reaching an agreement is not always possible. If your child’s other parent is insisting on sole custody without valid justification for their own selfish reasons, you need to fight for your parental rights. If they refuse to budge, there is no middle ground that allows you to continue the relationship with your child that you want and deserve.
If you believe that your child will be in harm’s way with their other parent, it is critical to stand firm and fight to protect your child. Even if the other parent wants to negotiate or mediate, you need to stay strong if you believe the environment would put your child in danger. In this situation, it might be right to fight for one of the following arrangements:
- Sole custody – You will have the sole authority to make decisions for your child, though the other parent may still get some parenting time rights.
- Supervised visitation – This means that your child can spend some time with the other parent, though it must be at a particular location with a third party (who you agreed on) present at all times.
- No parenting time – If any time with the other parent puts your child in danger, it may be necessary to deny them any parenting time rights, including supervised visitation. This is common when you already have a protective order, and the judge may issue a no-contact order for the child in certain circumstances.
You should always discuss your concerns openly and honestly with your legal team, and we can provide advice regarding when it is reasonable to cooperate or not. Every situation is different, and we work with clients regularly who have to go to court for their custody case.
Facing a Custody Trial
Fighting over a child is never enjoyable, especially in open court. If you and the other parent cannot agree and conflict persists for whatever reason, you will need to head into court for a custody trial. The court will examine the circumstances and listen to arguments from both parents. The judge must base their decision on what they believe is in the best interests of the child under Arizona law.
The trial process is never simple, especially in divorce cases. The other parent may be willing to say anything to fight for the outcome they want, including false information regarding their fitness to parent or your lack thereof. Always remember that the court requires evidence to sufficiently support such claims, and empty statements will do little to nothing to persuade the court in their favor.
On the other hand, our lawyers prepare for trial by carefully compiling strong and persuasive evidence to support your claim. If your spouse wants to move away with sole custody, we can present evidence of your meaningful relationship with your child and that continuing that relationship is in your child’s best interests. If your spouse is a threat to your child’s safety, we will carefully craft how to present evidence of the danger to the court, so the judge can see that you are only trying to protect your child.
The stakes are high in any type of high-conflict custody case, no matter what the underlying circumstances may be. Having the right legal representation can help to ensure that you protect the interests of your child and yourself.
How Our Phoenix High-Conflict Custody Lawyers Can Help
The family law attorneys at DeShon Laraye Pullen PLC have handled all types of custody and divorce cases, involving cooperative spouses and parents or those tangled in a bitter battle. We know the outcome of your case will set the stage for your future, including your future relationship with your child. We are ready to help in Phoenix and throughout Maricopa County, so please call (800) 409-0262 or contact us online today.