When a divorce takes place, there are a number of important issues that need to be resolved. However, one of the most critical and sensitive matters is to determine the custody of the children. Even in a collaborative divorce, working out which parent will be responsible for the upbringing of the child is quite stressful. Both spouses are always encouraged to mutually agree on the issue of child custody. However, if this is not possible, the court may need to get involved to make a decision.
There are numerous factors that affect the verdict regarding child custody. Generally, the main goal of the decision is to provide a safe and secure environment for the child to live and flourish. Some of these factors are:
- Consistency: While making a decision, the main focus of the court is not to disrupt the child’s life. Thus, it takes into consideration the previous home environment and the primary caregiver. For instance, if the mother has been looking after the child, giving the custody to the father would be upsetting and distressing for the child. Also, if the child will be living in a new home, its location, accessibility to school, parks, healthcare facilities will also be considered.
- Parental Fitness: Although the physical impairment of a parent is not considered by the court, his/her ability to look after the child properly is definitely a determining factor. The judge carefully analyzes the physical, emotional and mental well-being of each parent. If any of the parties has a previous criminal or felony record, getting a verdict in his/her favor is a tough task.
- Maintaining family relationships: The one who is more likely to encourage a healthy and long-term relation with the other parent has more chances to receive the custody. A history of interference in visitation rights can also be detrimental to your custody petition.
- Child’s Preference: Depending upon the age of the child, the court may also ask about his likes and preferences. However, this not the sole evaluator for the decision. The judge may consider the child’s choice in conjunction with other factors.
In addition to the above mentioned, there are various other factors that are used to determine child custody. These may include history of substance abuse or assault, parenting skills, child’s physical and mental vulnerabilities, relationship with either parent, and sexual orientation of parents’ etc.
Killeen Attorney 