Back to Top

Determining
Child Custody

The Law Always Rules in a Child's Best Interest

A Matter of Family Law

CHILD CUSTODY IS GOVERNED BY STATE LAW AND PARENTAL REQUIREMENTS

Throughout most divorce proceedings, people experience an emotional gamut, but when the legal nullification of marriage combines with a custody fight, anger and anxiety rue the day. Judges do not want to separate children from their parents and will take their role as intermediaries seriously. Absent any abuse or harassment claims, several factors help influence the judge's ultimate decision about child custody.

Parental Ability

Child custody agreements hinge heavily on the ability of each parent to provide for the physical, medical, and emotional needs of their children. However, custody also rests on a parent's mental health and willingness to work with the other. If a judge feels any resentment from one parent toward the other, it can influence their decision. Also, if one parent takes on most responsibilities, a judge may favor consistency for the child.

Parents Who Care

PRIMARY CAREGIVER AND SPLIT CUSTODY

The burden of custody agreements rarely rests on the shoulders of children, especially when they are young. Instead, the court wants to protect children from decisions that could compromise their emotional health. Young children often stay with the primary caregiver. However, when both parents work and provide for the children equally, amicable custody arrangements can happen, with judges considering parental wishes.

Home Location and Accommodations

One of the most significant determiners for judges is the eventual home life of the child and how parents will accommodate any necessary changes and sacrifices. For example, child custody lawyers will need to discuss the location of each parent's home, the number of bedrooms and access to regular routines, like school, sports and other social activities and responsibilities of their children.

Children First

BEST INTERESTS OF EACH CHILD

Custody proceedings can feel brutal and torturous, but everyone, from the judge to the parents, want what is in the best interests of the children. Regardless of good intentions, parents must not overshadow their efficacy with a pure desire. They must put in the work to show why their children should be with them, and how they intend to provide for them.