April Is National Child Abuse Prevention Month
If you feel your children are in danger, it is a natural instinct to want to protect them, and you should. Emergency custody modification is one strategy for achieving this. It is meant to provide a way for the court to take immediate action when there is an example of parental unfitness.
Consider the recent news about Kim Kardashian and Kanye West. Kardashian is said to be considering asking a judge to strip West of joint legal custody of their four children because of their flagrantly ignored custody agreement, as reported by TMZ. The current dispute often involves their shared daughter’s involvement in West’s recent album release.
While there is no doubt this is a contentious legal scenario, most divorce cases do not play out in public as openly but carry the same type of worry for parents. As a parent, you may wonder what your legal options are in a high-conflict divorce to minimize the risk to your children should something happen.
When Can a Parent Request an Emergency Custody Change?
A parent has the right to take action to protect their child, but it is critical that the court recognize that there is real risk present. Some examples of legal grounds for emergency modifications include:
- Endangerment: The other parent puts the child into a dangerous situation.
- Parental unfitness: Showing that, in some way that is considered different from the original custody agreement, the parent is no longer fit
- Extreme instability: The child is at risk due to the financial, physical, or mental health of the other parent
Courts assess the immediate risks to a child by considering whether the child is in harm or if they need to put in place a way to protect the child from potential harm. This is not based solely on claims but on witness statements and other evidence of that risk.
The Role of Public Behavior in Custody Disputes
The Kardashian-West battle is a good example of how what you say and do in public could be used against you later, including in a custody battle. The news site reported that West made a blatant statement on a social media platform, stating, “The man makes the final decision,” indicating he would go against a mediation agreement to not include the child in the release of the song. Celebrity custody battles like this show just how important it is to be mindful of your public actions as a parent.
A parent’s public actions can impact child custody. This might include:
- Erratic behavior in public
- Controversial statements
- Inappropriate social media activity
If the court deems the child’s experience with the parent risky in any way, including that the parent is displaying signs of instability or violating custody agreements, it may act to protect the child’s best interests.
The Importance of Legal Strategy in High-Conflict Custody Cases
In high-conflict cases, having a legal strategy to handle joint custody disputes like this is critical for the well-being of the children. A parent can build a case for modifying joint custody in situations where there is escalating conflict.
The key to a successful child custody modification request is to have evidence to demonstrate your claims. This could include:
- Psychological evaluations of the individual
- Social media evidence, such as posts and videos you screenshotted to save
- Expert testimonials from professionals or witnesses that can provide harm or instability risk
In high-conflict divorce cases, having valuable evidence of the actions, statements, or threats others make is crucial to proving your case. The court is not likely to make changes without proof of risk to the child.
What This Means for High-Net-Worth and High-Profile Parents?
As a parent, you can build a case for modifying joint custody when conflict escalates. Various factors contribute to the court’s understanding of the child’s well-being in a high-network or high-profile case. For example, if a public image demonstrates that the other party is reckless, that could be one factor in determining if they pose a threat to the child.
Medical scrutiny can also illuminate the court’s understanding of the child’s risks. Notably, this can work in both ways—good publicity can also influence positive outcomes, but modifications for positive attention are not likely unless the other parent is putting the child at risk.
Wealth, media scrutiny, and public image are components of any custody battle. Having a family court legal strategy is imperative if you are in a legal battle with your child’s other parent. To achieve a viable plan, ensure you work with an attorney with specific experience in high-profile, high-conflict cases where significant financial stakes are at play.
Key Takeaways for Parents in Contentious Battles
As a parent, you likely want what is best for your child. The court wants that to be the case as well. However, it also wants both parents, if fit, to be a part of your child’s life. In some cases, that simply is not in the child’s best interests. Understanding the legal rights of parents in high-conflict child custody cases is vital to protect their children.
Take action if you are concerned about a co-parent’s influence on your child. Protecting children in divorce is the court’s objective, but you need to demonstrate what the concern is. More specifically, your attorney needs to develop a family court legal strategy that makes it clear the current custody arrangement is not beneficial to the child.
At the same time, parents have to protect their children’s mental and emotional well-being during these contentious events. Ensure that your child has the support they need and that your actions are founded in protecting their well-being. The psychological impact of custody disputes must be carefully considered.
Hire an Attorney with Experience in High-Conflict Child Custody Cases to Guide You: Contact a Toms River Child Custody Lawyer at Zeigler Law Group, LLC Today
Sonya K. Zeigler, Esq. and her team have a well-earned reputation for committed and fierce legal representation. Our firm is here to provide you with the best possible guidance. Call a Toms River child custody lawyer at Zeigler Law Group, LLC at 732-361-4827 or contact us online to schedule a free consultation. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients throughout Ocean County, Monmouth County, Mercer County, and Burlington County.