However, they are not the only factors that can influence legal custody disputes. The child’s age (depending on if the child falls within infant and toddler, school-aged, or teenage category). Any confirmed evidence of domestic violence, abuse, or neglect by either parent. The, A judge weighs all the factors equally to find the best solution for the. How will you support them after the divorce? Factors Used to Determine the Custody of Children, Ⓒ 2020 About, Inc. (Dotdash) — All rights reserved. Courts don’t want to place children in a situation where they have only one parent most of the time. For the most part, yes. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: While these factors are generally considered in determining custody of a child, the specific criteria used vary from state to state. Your family lawyer will highlight everything about your case that a judge may weigh in their decision. Moreover, no court wants to force most important factors in child custody into a poor custody arrangement. That's the million-dollar question every parent fighting for child custody wants to know. How the children will be affected by either continuing the current custody arrangement or disrupting the arrangement. Instead, a judge thinks about the health issue in combination with parenting capacity, parenting skills, and the overall parent-child relationship. A mental illness won’t disqualify a parent from custody. Courts want to know about a proposed custody or visitation schedule and whether both parties find it agreeable before granting a custody order. . To learn more about what to expect in your case, research the child custody laws in your state. A child may have special medical needs that may require extraordinary medical expenses. How the children will be affected by either continuing the current custody arrangement or disrupting the arrangement. The ability of each parent to provide a stable, loving environment. Many separated parents wonder whether they can complete the child custody process on their own through trial and error. Census data shows that, Are you about to go in front of a judge? Verywell Family uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Here are five of the most heavily-weighted factors in a child custody case: A child’s custody preferences are almost always considered in the proceeding. The willingness of each parent to support and facilitate the children's ongoing relationship with the other parent. How would your child describe the ways you demonstrate love for them? Determining the Best Interests of the Child. The quality of the relationship between the children and each parent. Gone are the days where mothers received priority above all else in child custody cases. That being said, not all parents want to participate equally, and one parent may prefer that the other parent is kept away. The Most Important Factors Considered in a Child Custody Hearing Special Needs. Judges take great care in ensuring the child’s preference is truly what they want. Click here to search for a potential advocate and child custody in your area. 2. Beyond fundamental child custody rights, there are no hard and fast rules in child custody because every custody case is different and each state has different statutes governing custody issues. As with all other factors, judges consider employment among all the evidence to produce a balanced decision centered on the best interests of the, One parent’s desire to move the children away from another parent, Child’s relationships with extended family, school, and community, Other factors may also be considered. After all, who knows your family better than you? The condition of the living accommodation found in each of the parent’s home. Short or long-term mental health issues will play a role in custody decisions because states consider mental health to impact the best interests of the child. Tips to Help Single Fathers Get Child Custody, How to Protect Your Children When an Ex Uses Substances Around Them, How to Have Alternatives and Modify Your Family's Visitation Schedule, How Custody Is Decided Based on a Parent's Living Accommodations, Before You Agree to Try Child Custody Mediation, Prepare to Answer Different Questions at Your Child Custody Hearing, Win Child Custody by Showing the Courts That You're the Better Parent, Everything Dads Need to Know About Child Support, How Grandparents Can Get Custody of Grandchildren, Strategies for How to Appear in Court for Winning Full Child Custody, Determining the Best Interests of the Child. 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