What Are Some Root Causes for High Conflict Custody Divorces in Indiana?

Divorces are complex enough, and one of the main areas of dissension is usually child custody. However, in a high-conflict divorce, where relations are already strained, custody battles resemble a chaotic rollercoaster ride laden with emotion and complex legal challenges.

These disputes, in a high-conflict divorce, are far more strenuous than the usual stressors such as separation, finances, etc., and can plunge entire families, including the grandparents, into significant emotional and legal turmoil.

High-conflict custody battles are characterized by alarming behavior and incidents and can escalate the already emotional and financial burdens on families.

The disturbing nature of a high-conflict divorce highlights the need for skilled, empathetic professional legal assistance that will provide strategic approaches to managing these disputes effectively.

These high-conflict divorces are usually marked by:

  • Possible domestic violence incidents which may result in criminal cases.
  • Police interventions should be made at child exchange points, and unannounced wellness checks should be performed.
  • Protective orders are being placed on one or both parents.
  • Child services are involved due to the potential harm to children and more.

In the end, the root of many of these high-conflict situations lies in negative perceptions due to psychological issues, alcohol or drug abuse, or a combination of both. Unreasonable behavior instigated by these mitigating factors makes the parents unable to reach rational agreements, and at times, grandparents or professionals may be called to intervene.

Your family lawyer, attempting to stabilize this unmanageable situation, can often play a positive overall role in helping move the process along.

What Are Grandparents Child Custody Rights in Indiana?

Most importantly, they are not legally entitled to visitation with their grandchildren under Indiana law. However, they do have the right to seek court-ordered visitation under certain circumstances, and in a high-conflict divorce, they may have to intervene.

If circumstances make it necessary, the grandparents could petition the court for visitation or custody of their grandchild. However, to do so, they must present proof that convinces the judge to grant it; this is usually a legal struggle under the current law.

Grandparents have few legal rights, and Indiana’s grandparent visitation code governs visitation.

For example, this statute dictates that a child’s grandparent may seek visitation rights if:

  • The child’s parent(s) is deceased.
  • The marriage of the child’s parents has been dissolved in Indiana.
  • The child was born out of wedlock, etc.

This statute has many contingencies, but the main concern is that the burden of proof is always on the grandparents. Indiana law dictates that parents have a constitutional and fundamental right to raise their children as they see fit. This includes denying visitation with a child’s grandparent.

Additionally, a parent does not need to prove that a grandparent should not have visitation with their grandchild. A parent’s decision concerning grandparents’ visitation is always presumed to be in the best interests of a child. Still, in a high-conflict divorce, these mandates may not be valid, and the conflicting parents may use them to deny the grandparents access to their grandchildren.

When this occurs, the grandparents and their lawyer must provide substantial evidence that tends to prove that visitation would be in the child’s best interest; this is never an easy legal task, and using a well-versed, compassionate, and highly motivated child custody lawyer is mandatory.

What Is the Most Important Thing to Remember in a High Conflict Custody Divorce?

Most judges and Indiana divorce lawyers would tell you that the children’s welfare should be crucial in a high-conflict custody dispute. The importance of prioritizing children’s welfare in custody disputes, the potential consequences of prolonged conflict on the child, and potential avenues for resolution must always be prioritized by you and your child custody family lawyer.

Conversely, in most high-conflict custody cases, the focus on the child’s well-being is overshadowed by the parents’ desires and conflicts. You must remember that all decisions regarding custody arrangements, including the inclusion of grandparents, should ultimately serve the child’s development and welfare.

It’s been proven that children are often very aware of what is happening in their environment, especially when a drastic, emotional, and significant change is being made, regardless of age.

All custody disputes, significantly when one parent restricts the other’s access to the child, can have debilitating effects on the child’s emotional and psychological health. Although the child must always be kept safe, in high-conflict cases, it’s vital to discern genuine concerns from actions driven solely by animosity or personal vendettas against the grandparents or the other parent.

High conflict custody cases differ significantly from the norm in most divorces. That said, your child custody lawyer must also have the experience, acumen, and negotiating skills to deal with these highly challenging cases effectively.

What Is Parenting Coordination and Can It Help My High Conflict Divorce?

Parenting coordination is generally used in high-conflict divorces and those where, on certain issues, there is little chance for the parents to come to an agreement. The parenting coordinator is trained to seek out the best possible solutions to issues such as child custody and emphasizes to the parents, grandparents, and others that the child’s needs should always take precedence.

Another vital issue is that the Indiana court will always retain the right to use its authority to decide on dire problems such as custody, parenting time, etc.

A parenting coordinator analyzes the entire family situation and attempts to fully explain why a dispute may have negative ramifications for the child. These third-party coordinators are trained to try to find common ground.

Additionally, they will communicate with everyone involved in the case: parents, grandparents, and children. Their prime objective is to define rational strategies that the parents can use to overcome their negative feelings toward each other and work together to serve the child’s best interests.

Sometimes, even the parenting coordinator can’t get agreement; however, this doesn’t mean their work is useless.

If this occurs, they can report their assessment regarding the case to the court, parents, grandparents, etc.

The recommendations will outline why the parents and child would benefit if these ideas were implemented, and all can give their input.

In the end, although a grandparent may not have the rights of a parent if the recommendations align with the grandparent’s wishes, the Indiana court may still implement them; they have the power to do so.

I’m In a High Conflict Divorce with Grandparents Wanting Visitation or Custody; What Should I Do?

A high-conflict divorce can cause irrefutable damage to children and the entire family structure, including the grandparents. However, no matter how bad, conflict can be managed in a way that protects your family and children from undue trauma.

It’s true that grandparents’ rights under Indiana law don’t equal the parents’ rights. But in certain situations, especially where the parents have been at odds for some time, the child finds solace and safety with the grandparents over being at home.

These laws are complex, and you must have a child custody law team that is up to the daunting task of resolving serious matters and always doing what’s best for the child.

The child custody lawyers at the Law Offices of Deidra Haynes have the competence, empathy, passion, and tenacity to do this job and obtain the best possible outcome for all concerned, including the grandparents.

If you’re a parent or grandparent involved in a high-conflict divorce, call them today at 317-785-1832 for a consultation on your unique case. They will work tirelessly to find the right solution to this severely critical legal issue.