Factors That Determine Child’s Custody

Fighting for a child’s custody is never a pretty case. Whenever the two parties resort to a courtroom to resolve issues in their child’s or children’s custody, this is because they have not met a common ground by communicating how they would resolve the issue by themselves and without professional help. when things worsen, it is really recommended that you ask for a professional lawyer, and although a lot of people think this is expensive, you can actually find an affordable child support lawyer that will help you win custody over your child.  

When it comes to child custody, there is no simple case, and oftentimes, the court just resorts to finding out if the best interests are met. But what are these “best interests”? In this article, we provide you those.  

1.Child’s preferences 

There is no specific law that elaborates on how the child’s preferences would be taken into consideration, but one thing may remain: the child’s opinion and sentiments about the issue plays a crucial role in the decision of the judge. Depending on the state, the judge may interview the children to get some opinions and insights from them and this issue would be confidential. If not the judge himself, he would order a custody evaluator to speak and communicate with the child.  

2.The relationship of the child to his/her parents 

The court put into consideration what the child prefers However, they may also consider your relationships with the children. If the court has seen that a parent is more preferred by the child and that the parent is able to give ample time, effort, and stability to the child, this may more favor to that parent. However, if the court is able to see inadequacy, this might affect their decision in a negative way.  

Also, when one parent has negative crime records, this can also affect the court’s decision when it comes to deciding the custody. 

3.The physical and mental health and ability of the parents 

A parent who has bad physical and mental health will more likely to have less favor from the court. The same also applies to the parent who has bad anger management, as the court makes sure that the child is provided with a good house environment once the case is over.  

Likewise, the court also gives more favor to the parent who is physically able to take care of the child. Bad physical health may become a hindrance to being a functional parent to the child, hence inadequate parenting may be linked to those in the future. So, it is better to be mentally and physically stable when fighting for a child’s custody. 

Other factors: 

  • The parent’s willingness and ability to support the child if the case has been closed 
  • The living accommodation and the condition of each parent’s house/home 
  • The child’s age 
  • The impact of the custody’s result to the child emotional and physical health 
  • The distance of the homes of the parents.