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What Does a Court Look for During Child Custody Cases?

What Does a Court Look for During Child Custody Cases?

Almost 10% of the U.S. population is divorced, and a decent number of those cases likely involved a child custody battle. Divorce can be difficult enough without children in the picture, but the addition of a custody battle can make for complex proceedings.

What most couples fail to understand is that during a custody case, the primary interest of the court is to provide a stable, healthy environment for the child or children involved. Here are a few more examples of what a court will look for when deciding a child custody case.

When Determining Which Parent Will Gain Custody
Courts consider a multitude of factors when it comes time to choose the parent who will be awarded custody of a child. These factors include things such as:

    • Personality, disposition, and ability to raise a child
    • Relationship with the child or children
    • Employment status
    • Physical and psychological health
    • Motive for seeking full custody of a child
    • Ability to foster healthy relationships
    • Stability around other parent and family members

Of course, these are not the only factors that a court looks at. Others include which parent a child feels more comfortable with, as well as what emotional impact moving to a new place might have on a child. If relocation is part of the divorce plan, then a court must be aware of that and take it into consideration when awarding custody.

What Could Overturn a Decision
Just as a court can decide who is awarded full custody, they can decide whether a parent is fit for the job. Situations arise all the time where child custody lawyers may overturn a decision. Such circumstances include when a parent:

    • Develops a drug or alcohol addiction
    • Is convicted of a crime and sent to prison
    • Plans relocation that interferes with visitation rights
  • Accepts a job that disrupts child care

Divorce lawyers and law offices can only do so much if one of these actions causes a court to overturn a custody decision.

Winning a child custody battle is not easy, but it is always useful to know exactly what a court will be looking for during one of these hearings.