A child custody arrangement determines each parent’s legal right to be involved in their child’s life, including making decisions for their child and where their child lives. A judge can only approve a custody arrangement if they believe it serves the child’s best interests.
A child’s best interests include factors that protect a child’s well-being, physical and emotional health and safety. A judge may consider many factors before approving a custody arrangement. Here is what you should know:
Factors a judge may consider when deciding custody
Judges consider a child’s best interests during custody cases because one parent may be unfit to care for their child. Many factors can impact a child custody arrangement, including the following:
- Do both parents work? How does that affect their ability to parent?
- Can each parent afford their child’s basic needs?
- Where does each parent live? Is it safe for the child?
- Does either parent move frequently? Are their lives unstable?
- Does either parent suffer from physical or mental disabilities that affect their ability to care for their child appropriately?
- What familial and social support does each parent have? What help might they have with the child?
- Does the child have additional health needs? Which parent is the primary caretaker?
- What is the relationship of each parent and their child? Does the child have any preference (if they are old enough to offer a clear reason)?
- What is the relationship of the child and their extended family? How will potential custody arrangements affect those relationships?
- Does a parent have any criminal convictions? Are any of them for domestic violence or similar crimes?
- Does a parent have a substance abuse issue? What effect has that had on their parenting or safety?
- Does a parent have a history of neglecting or abusing their child?
Professional legal guidance can help parents during a child custody case. Ideally, parents will work together on terms that both parents feel benefit their child – but that may not happen. When it doesn’t, it is important to get seasoned, objective assistance in court.