8 Factors That Affect Child Custody Decisions
When spouses divorce, child custody is one of the most contentious and emotional issues that arises. Each parent will argue that they should have custody of the child. But the court will consider the child's best interests to make the right decision. Here are factors that affect child custody decisions.
1. Domestic Violence and Abuse
If your partner has a history of violence or domestic abuse, the judge may grant you sole custody. However, the judge can allow restricted or supervised visitation for your partner. The court can allow the same restricted privileges if it determines that your partner is guilty of child neglect or sexual abuse.
2. Majority Caregiver
The parent who has been taking care of the majority of the child's needs may get custody of the child. Examples of care include feeding, teaching, and transportation. Care doesn't necessarily include financial support, but the court will consider the employment status of each parent. A parent can argue that they didn't spend much time with their child because of employment commitments.
3. Ability to House and Provide for the Child
A parent with better accommodation arrangements can win custody over a parent without any living arrangements. If both parents have houses, the court will consider the parent whose house has a room for the child. The room should be spacious, well-furnished, and clean. A home near the child's school and other family members is also ideal.
4. Physical and Mental Well-Being of Each Parent
The court might ask each parent to submit a medical assessment report of their physical and mental health. Parents with stable psychological and physical health are more likely to provide better parental care to their children. In contrast, mental issues such as uncontrolled anger and depression can affect your case. Physical illness can also affect your custody case.
5. Child's Preference
Children may not have matured enough to come up with an intelligent decision on a weighty matter, but the court will still consider the child's wishes and opinion. A child may prefer to live with one parent or indicate that they don't want to see another parent again. The opinions of older children have a greater bearing on the decision than the opinions of younger children.
6. Career Obligations
One of the parents may not spend enough time with the child due to the nature of the parent's job. Since emotional and physical health is considered part of the child's best interests, the court will grant custody to a parent who will spend enough time with the child.
This doesn't mean that you have to be a stay-at-home parent. Instead, the court needs proof that you will spare enough time in your schedule to take care of the child.
7. Status Quo
Disruptions to the child's life and routine are not in the child's best interests. If the child has to change schools to live with one parent, the court might deny custody to that parent. The aim is to create normalcy and stability, even as the parents go separate ways. Whichever parent can maintain the status quo has a better chance of winning the case.
8. Other People in the Home
The judge will determine the impact on other people in the home, including step-siblings, step-parents, and other extended family members. If those people have a history of violence or substance abuse, the parent who lives in that home may lose the custody battle.
Alternatively, the people who live in a home may provide emotional support to the child. In this case, the child's best interests are better served if they live in that home.
If you are filing for custody, you will need experienced legal representation to win the case. Kalasnik Law Office LLC offers exemplary legal representation. Our lawyers can help you with child support, child custody, adoptions and domestic abuse. Contact us to learn how we can help you.