When parents separate or divorce, one of the most critical decisions they must make is custody
of their children. In making this decision, several factors are considered by the courts to determine what is best for the child. The following is a list of some of those factors.
The Child’s Age
Infants and very young children are generally presumed to be better off with their mothers, as they typically have a stronger emotional bond and need more care and supervision. As children age, this presumption becomes less critical, and other factors become more relevant, such as the child’s preference or ability to adjust to a new living situation.
If the child has special needs, the court may also consider whether the mother is better equipped to provide the necessary care. However, it is essential to note that a child has special needs does not automatically mean custody will be awarded to the mother. The aspect of responsibility is essential as well.
The Children’s Wishes
Children also have a say regarding where and who they wish to live with. In some cases, the court may interview the children in chambers (without their parents present) to determine their preference for custody. When determining, the court will also examine any history of abuse or neglect by either parent.
If the child is old enough and has a mature enough understanding of the situation, their wishes may carry significant weight with the court. However, the court will ultimately decide based on what it believes is in the child’s best interests, even if that is not what the child wants.
It’s best for couples to consider what should happen in case of a divorce. This may sound like paranoia, especially when the marriage is going well. However, with a document such as a prenuptial agreement, the divorce will become less likely to be noisy and contentious. A lawyer for child custody can guide you on the prenuptial papers and anything related. Making things calm during a divorce is suitable for the child’s psychology due to the lower emotional buildups. However, find attorneys who understand their jobs well.
Is the Environment Healthy?
The court will also consider each parent’s living accommodation and environment when determining custody. This includes factors such as the stability of the home, whether there is any history of domestic violence, and whether any other adults living in the home may pose a risk to the child. In general, the court will prefer to award custody to the parent who can provide the child with the most stable and safe home environment. However, this is not always possible, and the court will consider the child’s need for continuity and stability when making this determination.
Evidence of Domestic Violence
If there is evidence of domestic violence, the court will consider this when making a custody determination. The child’s safety is paramount, and the court will not hesitate to award custody to the non-abusive parent. The jury will look at the evidence to see if there was a pattern of abuse, whether the abuse was directed at the child, and whether there is any risk of future abuse. The court will also consider any steps the parent has taken to address their issues with domestic violence.
The jury will also focus on the criminal history. If the parent has been convicted of a crime, the court will examine the nature of the crime and whether it poses a risk to the child. The court will also consider whether the parent has taken any steps to rehabilitate themself. The court will scrutinize a parent’s history of domestic violence. A conviction for domestic violence will almost certainly weigh against the parent in a custody determination.
How Busy Are the Parents?
The court will also consider the parent’s work schedule when determining custody. If the parent works long hours or has a very demanding job, it may be difficult for them to care for the child daily. The court will consider the amount of time the parent can spend with the child and whether there is someone else who can provide care when the parent is unavailable. The court will also examine the parent’s ability to take time off work to attend to the child’s needs. In general, the parent who can provide the child with the most time and attention will be favored by the court.
The Relationship Between the Parents
If the parents can cooperate and communicate, it will be easier for them to co-parent the child. The court will examine whether the parents can put their differences aside to make decisions.
Often, the focus is on the child’s relationship with each parent. This will be considered if the child has a strong bond with both parents. However, if the child has a stronger bond with one parent, this may be a factor that outweighs that parent’s favor.
The Parent’s Mental and Physical Health
Stable mental health is paramount when it comes to parenting. The court will look at each parent’s mental and physical health when making a custody determination. A parent with a history of mental illness or substance abuse may be a factor that weighs against them.
The court will also consider the parent’s ability to execute parenting duties. If the parent cannot care for the child due to a physical disability, this may be a factor that weighs against them.
The court sometimes can get information from the people around the parents, such as teachers, coaches, and babysitters. They might give information about the parent’s ability to care for the child.
Sometimes the search goes beyond just the people the parents know. The court might also look at public records such as criminal records and court orders. It helps the court to get a well-rounded picture of the parent.
The court has a great deal of discretion when making a custody determination. The factors that the court considers will vary from case to case. IHowever, the court will focus on the child’s best interests when making its decision.
