What Factors Do Courts Consider During Custody Cases?

For many parents, a child custody case will be the most important legal dispute they'll ever engage in. With the time you spend with your child on the line and the potential for your case to permanently impact your relationship with them, it's important to understand the factors courts consider during custody cases. In this blog, we do just that.

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The Parents' Age & Emotional or Physical Health & Finances

How capable each parent is to look after their child can play a large role in the custody process (as we cover throughout this article). The age and emotional or physical health of each parent often plays a large role in custody cases.

If a parent is struggling with mental health issues or has trouble completing the activities required to give their child a good quality of life, the court may factor that into the child custody case.

In a similar vein, the financial health of both parents is often considered a key factor in many custody battles.

The Child's Relationship with Parents & Social Life

The child's relationship with their parents also plays a major role in many custody cases. The court wants to know whether the child has a better relationship with one parent than the other going into cases. Depending on how old the child is, the court may even ask for their opinion and allow it to impact the outcome of the case.

Similarly, the child's social life at the time of the divorce usually plays a role in the custody battle. The court wants to ensure that the child continues to thrive developmentally throughout the process.

How a Custody Arrangement Would Change the Child's Life

Certain elements of custody battles - such as whether a child would need to change schools if one parent received primary custody, for example - often play a significant role in custody cases. The court will always want to pursue whatever outcome helps the child thrive.