How is Child Custody Determined?

For parents, nothing is more important than the well-being and happiness of their children and the idea of spending less time with them can be a lot to cope with. If you are getting divorced, it is important to understand the factors a judge will examine when determining child custody in a divorce. Continue reading to find out.

Determining Child Custody in a Divorce

All parents believe they have their children’s best interests at heart. However, in the eyes of the law, there are several specific factors that are evaluated to determine a custody and visitation arrangement that is best suited for the children.

Here are some of the factors family courts will review in your child custody case:

  • Confirmed incidents of abuse, neglect, or domestic violence by either parent.
  • How the children’s lives may be impacted by continuing the current arrangement or changing it.
  • Each parent’s ability to care for the children, including their physical needs, emotional needs, and medical needs.
  • Each parent’s ability to provide a loving and stable home for the children.
  • The wishes of the children (if they are mature and old enough to express them).
  • The living accommodations in each parent’s home.
  • The preferences of each parent.
  • The mental and physical health of each parent.
  • If one parent was primarily responsible for child care during the marriage.
  • If either parent made false accusations of neglect or abuse against the other parent.
  • The ages of the children.
  • Any other factors that may be pertinent to determining child custody and visitation.

It is also important to note that a judge will also consider the willingness of each parent to support one another’s relationship with the children. It will not reflect well on you in court if you are not cooperative or supportive of your children’s bond with their other parent.

Reach Out to Our Experienced Family Law Team for a Case Review Today!

If you are divorcing your spouse and have children, do not hesitate to hire a knowledgeable legal advocate to guide you through your case and protect your rights as a parent. At Crossman & McNamee, LLC, our family law team has decades of experience and is committed to getting families through some of the most difficult legal matters. You can rely on us for compassionate legal support during this difficult time.

Call our law office today at (937) 468-3796 to set up a case evaluation with a member of our team and learn more about what we can do for you.