Factors That Determine Child Custody

In Uncategorized by Garrett, Walker, Aycoth & Olson, Attorneys at Law

Child Custody Lawyer

Greensboro family law attorneysDivorce is a critical matter, and determining the outcome of child custody in a divorce can be an even more serious matter. Emotions are high and a lot is at stake for decisions to go the best and right way in this kind of event. You must be clear-minded and level-headed. There is no room to make these big decisions based purely on your emotions. If you are going through a divorce and you have children, you must understand that your divorce process does have a chain reaction on the rest of your children’s lives. The outcome of child custody is arguably the most significant legal matter for your children’s future. Working with a child custody lawyer will give you the peace of mind that you are weighing all of the best avenues for how to handle child custody with your spouse. Ultimately a lawyer will give you the confidence you are securing the best future possible for your children. Here are a few of the biggest factors considered when determining the outcome of child custody.

Do You Have the Ability to Support the Child or Children?

You must work with your lawyer to compile and present all of the evidence that points toward your capable ability to continue financially and emotionally supporting your child as a parent. This evidence can range from analyzing your income, job history, and day-to-day expenses, and overall making the case that you have a healthy lifestyle that supports being a responsible parent. You should also know that the income of each parent is used to calculate child support payments.

Is There a History of Domestic Violence?

If there are allegations of domestic violence in a home, the court will do its due diligence of thoroughly investigating any evidence. Even if domestic violence is not toward the children but rather just toward one of the spouses, this heavily impacts how the child custody process will be handled. Of course, any spouse or parent who has a proven history of domestic violence toward a loved one, they are unlikely to receive any level of right to child custody.

Do You Have Stability and a Schedule?

It’s most ideal for a court to place children in a stable home environment with a healthy schedule. You want to be able to show your home has enough room and cleanliness for your children to live and grow up in. You should also consider whether you live in a good neighborhood for children to grow up in. Additionally, courts like to keep children in the home they are most comfortable with and know the best.

What Do the Children Prefer?

Children do have a say in how their futures play out too. Courts listen to what children prefer, and this heavily impacts a court’s decision. The court will also be cautious about any parental manipulation toward a younger child. Even if a parent doesn’t have an ideal living situation for their child, the court will look for any evidence as to whether this parent is still trying to sway their child to come live with them.

Thank you to our friends at Felt Family Law & Mediation for their insight into child custody.