What Factors Do Courts Consider During Custody Cases?
Posted on Feb 28, 2021 7:35pm PST
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.
To receive help with your custody case from empathetic, skilled family
law attorneys, contact us online
or by phone.
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.