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The Many Factors of Child Custody Battles

The Many Factors of Child Custody Battles

Custody Child Attorneys

When the court is deciding which parent is awarded child custody, there are several factors that weigh into the outcome. In general, a judge wants to place the child with the parent that has his or her best interest at heart, and where the child can grow into a healthy adult. During the hearing, each parent will express their side in the custody battle, and what makes them most suitable for sole custody. There may be instances where the parents end up sharing custody, if this is the most beneficial situation for the child.

Most parents have a very strong connection with their child, and want to do what they can to obtain custody. Due to how sensitive and complex these case can be, many parents meet with a family law attorney for help.

Q: Are the wishes of the parents considered?

A: Yes, the preferences of the parents are a factor in child custody battles. Each parent may be fighting for a different type of custody. For example, one parent may want sole custody while the other desires joint legal custody. The court system may feel that parents sharing custody could be the healthiest outcome for the child, as he or she can grow up with two loving and involved parents. Both parents must bring forward evidence and facts that support their requests. The court will then review each side and make a choice based on what information is given. An instance where sharing joint custody is unlikely to be awarded, is if one parent has shown to be aggressive, abusive, neglectful, or addicted to drugs and/or alcohol.

Q: What about the work obligations of each parent?

A: The ability of each parent to financially support the child is incredibly important. But, a parent must also be able to care for the child’s developmental, psychological and physical needs. If a parent can afford care yet spends most of his or her time at work, that parent may not be ideal to have custody. The court may look further into how much time that parent will be able to spend with the child outside of work.

Q: What other factors can influence child custody disputes?

A: In addition to what has been stated above, there are other factors that can have a weight in the child custody verdict. Keep in mind that the laws pertaining to child custody may be slightly different depending on what state you live in, so it can be helpful to talk with qualified child custody attorneys  offers for more information. Other factors of a child custody battle can include the following:

  • The child’s age (whether they are an infant, toddler, in school, or teenager)
  • Each parent’s willingness to support the child if custody is not awarded
  • The capacity of each parent to provide a stable and healthy environment
  • How the child’s education may be impacted after awarding custody
  • How the child’s extracurricular opportunities may change
  • How many children are part of the custody case
  • The distance from one parent’s home to the other

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and child custody battles.

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