What the Court Considers When Granting Child Custody

As parents, we all want what is best for our children. They are the most precious thing to us. There is an unbreakable bond between a parent and a child. When they are born, we expect both parents to be active in the child’s life and both to co-parent the child. Children are born during relationships between parents that unfortunately do not always last. A point of conflict during splits is often child custody. Each parent wants to have custody of their kid because they are everything to them. So, if you are in a child custody case with your former partner you should understand what the court looks at to determine which parent will be awarded custody. These factors include:

• Relationship Between Parents & The Child(ren): The relationship between each parent and the child is unique. If one parent is not around much, they develop a much deeper connection with the more active parent. It is more likely that the more active parent would get custody while the other parent gets visitation rights and must pay child support.

• Mental & Physical Wellbeing of the Parent: If a parent has a physical disability that makes it more difficult to take care of the child, they are less likely to get custody. In addition, a parent who has a mental illness or emotional condition is much less likely to be awarded custody.

• The Willingness of Each Parent to Work Together: Both parents will be interviewed by the court to find out their willingness to work with one another. The court does not want to deprive children of time with both parents wherever possible. So, a parent who is more willing to work with the other is important to the court.

• Financial Stability: Parents must be able to provide for their children. It can be through a job, investment property, child support, or any other legal means of having the financial resources to care for a child.

• Parent’s Living Accommodations: Every child needs a roof over their head and a place to sleep. If one parent is living in their own home or apartment while the other is living with friends in an apartment, the more stable environment for the child would be the parent living on their own.

• Acts of Abuse or Neglect: If a parent has been abusing the other parent or the child, they are not going to get custody of the child. Abuse and neglect are not tolerated in a court of law and are extremely harmful to the well-being of the child.

• The Majority Caregiver: The court will consider who has been the majority caregiver for the child. That is because they are the ones who have formed a deeper connection with the child and know well what the needs of the child are. It will also help the child feel more normal and minimize disruptions in their life.