Child Custody Law

If you and your spouse are fighting over custody of a child, there are a number of different things to consider. In this article, we’re going to cover some of the factors that come into consideration when a judge is ruling on a custody battle and deciding the fate of your child.

#1 Each parents caretaking abilities

When a judge is deciding which parent to side with in a custody battle one of the main things that comes into consideration is each parents ability to care for the child. Does the parent have a job and/or steady income? How often is the parent home? Does the parent travel a lot? Do they have a history of stability? These are all questions that need to be considered when embarking on a custody battle.

#2 The mental and physical well being of each parent

Another big deciding factor in a custody battle is the personal well being of each parent. Does one parent have a history of mental illness? Does a parent have a criminal record? Is a parent debilitated by a physical injury or sickness that limits mobility and/or would impact the ability of said parent to properly raise the child? The physical and mental well being of each parent are big factors that will play a role in how the judge ultimately decides to rule in a custody hearing.

#3 The child’s age

Depending on the age of the child a judge might take into consideration the opinion and wishes of the child. Is there a parent they would prefer to live with or consider more stable? If the child is very young which parent would be best suited to raise the child? The age of the child can be a big determining factor when a judge rules on the final decision.

#4 The role each parent has played in the child’s upbringing

If one parent has been absent for multiple years and is now returning into the child’s life a judge may consider that transition to be traumatizing for the child. Especially if the parent is battling for full custody. Which parent has been more active and present in the child’s life to date? Which one had a greater role in the upbringing?

#5 The willingness of each parent to keep the other parent involved in the child’s life and to facilitate the other parent’s access to the child

Ultimately, in any custody hearing the judge wants what’s best for the child. If one parent is coming across as too vindictive or seen as putting their own interests over that of the child it will reflect negatively on their character and the judge will take that into consideration. Unless a parent has extremely good reason to be completely uncooperative with the other parent it’s always best to demonstrate a willingness to cooperate with the other parent. Ultimately a custody battle isn’t a spousal feud. It’s about protecting the interests and well being of the child.

In conclusion, if you or a loved one is experiencing a custody battle the best thing you can do is retain the services of KoonsFuller Family law. Custody laws can vary from state to state and an experienced attorney can help devise a winning strategy and set you and your child up to succeed.