What Rights Do Parents Have in High-Conflict Custody Cases?

High-conflict custody cases are among the most emotionally taxing and legally challenging matters that parents can face. In these cases, parents are often at odds over various aspects of their children's well-being, which can involve disputes over visitation, physical custody, legal custody, and decision-making rights. 

Tennessee family law provides a legal structure for resolving these conflicts, but it’s important for parents to understand their rights and responsibilities throughout the process. The primary focus of family law in Tennessee, as with any state, is to protect the best interests of the child. 

However, parents also retain significant rights in such cases, even when the situation becomes adversarial. That’s where McCarter | East PLLC comes into play. We protect these rights so that clients in Murfreesboro, Tennessee, can be properly represented in this situation.

The state law balances the rights of parents with the paramount goal of providing children with a stable, supportive, and healthy environment to grow up in. Parents in high-conflict custody cases should understand their rights and how they can assert them while keeping the child’s well-being at the forefront of any legal proceedings.

Legal Custody and Physical Custody in Tennessee

One of the first distinctions parents must understand in any custody case is between legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, including matters related to education, healthcare, religion, and general welfare. Physical custody refers to where the child lives on a day-to-day basis.

In Tennessee, when a couple has been married, both parents typically share legal custody, unless the court determines that one parent should have sole legal custody based on the best interests of the child. 

Even in high-conflict custody cases, Tennessee law generally begins with the presumption that joint custody is in the best interest of the child, but this isn’t an automatic determination. The court will take into account the relationship each parent has with the child and whether the parents are able to cooperate to make decisions that serve the child’s welfare.

Physical custody is also a focal point of many high-conflict cases. In situations where parents can’t agree on where the child should primarily live, the court will assess various factors to determine what arrangement will benefit the child the most. 

Courts in Tennessee often look at how the child’s relationships with each parent are affected by their living arrangements, as well as each parent’s ability to provide a stable home environment.

Parental Rights in High-Conflict Custody Cases

Tennessee family law provides parents with several specific rights in high-conflict custody cases. These rights include, but aren’t limited to, the right to participate in legal proceedings, the right to seek changes to custody arrangements, and the right to be involved in important decisions regarding their child’s well-being. 

However, in high-conflict cases, these rights aren’t always exercised without limitation. Courts are tasked with making decisions that protect the child’s welfare while balancing both parents' rights.

Right to Participate in Custody Proceedings

In Tennessee, parents have the right to participate in custody proceedings. This means they can file petitions, attend hearings, and present evidence in support of their position regarding the custody arrangement. 

If there’s an existing order for custody, a parent may request a modification if there’s a significant change in circumstances that justifies such a change. However, high-conflict custody cases can sometimes involve allegations of abuse, neglect, or other harmful behavior. 

In these situations, the court may place certain limitations on a parent's rights, particularly if it determines that the safety or well-being of the child is at risk. If allegations of abuse or neglect are substantiated, the court may grant sole custody to the non-offending parent, or it may impose supervised visitation to protect the child from harm.

Right to Request Modifications to Custody Orders

Once a custody order is in place, parents in Tennessee have the right to request modifications. Tennessee law allows parents to request a change in custody arrangements if there has been a material change in circumstances. This could involve a parent’s relocation, a change in the child’s needs, or the discovery of new information about one parent’s ability to care for the child. 

In high-conflict cases, it’s common for one parent to seek a modification to reduce the other parent’s time with the child, or to change other aspects of the custody arrangement.

In these cases, the court will evaluate the situation based on the child’s best interests. 

Tennessee law requires courts to consider several factors when deciding whether to modify a custody arrangement, including:

• The child’s relationship with each parent

• The child’s adjustment to their current home, school, and community

• The mental and physical health of the parents

• Each parent’s ability to provide a stable home environment

• Any history of abuse or neglect

It’s essential for parents to present clear, compelling evidence to the court if they wish to have a custody order modified.

Right to Be Involved in Important Decisions

In high-conflict custody cases, parents may dispute not only where the child will live but also who will make important decisions about the child’s health, education, and welfare. 

In Tennessee, parents typically share the right to make such decisions, unless a court has awarded sole legal custody to one parent. When parents are unable to agree on major decisions, the court may appoint a third party, such as a guardian ad litem or a child’s counselor, to represent the child’s interests and help mediate the dispute.

In cases where parents can’t cooperate or communicate effectively, the court may grant sole legal custody to one parent, giving that parent the authority to make important decisions without the input of the other parent. However, this decision isn’t taken lightly and will only be made if the court believes it’s in the child’s best interests.

What Does the Court Do in High-Conflict Custody Cases?

In high-conflict custody cases, the court plays a critical role in protecting both the child’s well-being and the rights of the parents. Tennessee family law emphasizes that the best interests of the child are paramount, and the court must consider all relevant factors to make sure that any custody arrangement reflects those interests.

Guardian ad Litem and Other Professionals

In particularly high-conflict cases, the court may appoint a guardian ad litem (GAL) to represent the child’s interests. The GAL is an attorney or other trained professional who investigates the situation and makes recommendations to the court about what arrangement will best serve the child’s needs. 

The GAL might interview both parents, the child, teachers, medical providers, and anyone else who might have relevant information. This professional’s findings can heavily influence the court’s decision.

In addition to GALs, courts may also call upon mental health professionals to assess the family dynamics and provide insight into the child’s emotional and psychological needs. These professionals can also help evaluate whether one parent might be unfit to care for the child, whether there are signs of parental alienation, or if a parent is unable to co-parent effectively.

Parenting Plans in Tennessee

Tennessee courts typically require parents to submit a parenting plan that outlines how they’ll share custody and make decisions for their child. This plan must address visitation schedules, decision-making authority, and other relevant issues. 

In high-conflict custody cases, the court will often scrutinize these plans more closely to check that the proposed arrangements are feasible and serve the child’s best interests. If parents can’t agree on a parenting plan, the court may impose its own plan based on what it believes is best for the child.

The parenting plan should also address how parents will communicate with each other about issues related to the child. Effective communication is crucial in high-conflict cases, as poor communication can exacerbate tensions and make it harder to reach workable agreements.

While Tennessee courts are often called upon to make determinations in high-conflict custody cases, family law in Tennessee encourages parents to attempt alternative dispute resolution methods, such as mediation, before proceeding to trial. 

Mediation and Alternative Dispute Resolution

Mediation is a voluntary process in which a neutral third party helps the parents communicate and attempt to reach an agreement. Mediation can be particularly helpful in high-conflict situations where emotions are running high, as it provides a structured environment for parents to discuss their issues and work toward a resolution.

Though mediation isn’t mandatory in all cases, Tennessee family law encourages it when possible, as it tends to be less time-consuming and less costly than litigation. Moreover, mediation can help parents develop their own solutions, which can lead to a more stable co-parenting relationship in the future.

High-conflict custody cases can be challenging, but by understanding the rights and responsibilities set out in Tennessee family law, parents can better protect their children and seek outcomes that serve their family’s needs.

Contact Our Firm Today

When you want to protect your rights as a parent, an experienced and compassionate family law attorney can help. We’re located in Murfreesboro, Tennessee, and our office is positioned only a few blocks from the courthouse. Reach out to McCarter | East PLLC today for more information.