One of the most significant components of a divorce is child custody. Determining where your child will live and go to school and the regularity, they will visit each parent may considerably impact their future. These decisions will always be made in the child’s best interests, and the courts are well aware of this. When determining custody arrangements and child support, courts frequently consider many factors. If you are fighting for sole or joint custody, you may have an advantage if you are aware of these factors. Child custody battles are, without a doubt, among the most difficult to resolve in family court. Most of the time, each parent believes they are doing what is best for their child. A resentful husband uses his children as leverage and weapons in other cases.- Decision on Child Custody
Financial Situation
However, having a lower salary does not guarantee that you will not be granted primary physical custody following a divorce. However, while selecting where the child will live regularly, the court will consider each parent’s financial condition. Taking care of a child requires providing a safe and healthy living environment for the child. There is a parent who is willing and able to handle their child’s needs. This includes making sure the child gets to school on time, taking a shower, and developing good habits. To be a good parent, you must be willing to collaborate with the other parent to provide for your child. There is a significant difference between providing for a child and being able to pay child support. The state’s child support criteria are used to determine how much a parent has to pay in child support.
Any Special Needs- Decision on Child Custody
Because your children have special needs, you have always prioritized their needs. If you divorce, you may lose primary custody of your child, and your ex-spouse may disagree with the decisions you make to protect your child’s health and well-being. Due to several factors, divorce is especially tough in families with special-needs children. Changes and disturbances to the routine changes in how a family goes about their daily existence. Other challenging changes Obtaining a reasonable amount of child support payments There will be several hurdles and difficult decisions to make throughout one’s life. The primary concern should be for your child’s safety.
Opportunities for Education- Decision on Child Custody
A court will consider the child’s educational opportunities, including the school districts while reaching a custody decision. When a court chooses where your child will go to school, that choice will significantly impact where they will live for the majority of their lives. The court will not order one parent to relocate if their child attends a better school district, but the judge’s decision may take this into account. Under certain conditions, a court may force a child to attend school outside of their home state. This is very unusual, especially when both parents have the same level of education.
A Child’s Relationships with Their Parents
In some circumstances, after a divorce, parents who had previously been less involved in their children’s lives find themselves with an unexpected and overwhelming desire to spend more time with them. A court is likely to consider the parent’s sincerity if they have been dedicated to parenting their children during their separation. There is no question that a court will take some time to investigate a parent’s change of heart and ensure that the custody request is not being made solely to gain the other parent’s favor. As you are aware, the cost of raising a child is simply one aspect of the equation. The quality of parental care is also taken into account. If you have a history of violence or abuse toward your child, the court will consider this when evaluating whether or not you should be allowed to be a parent.
Claim for Domestic Violence or Abuse
Child custody hearings in family courts take allegations of abuse very seriously. If a parent has a history of domestic violence or abuse, the court may deny shared custody. The claim is thoroughly investigated when one parent accuses the other of domestic violence or abuse. Even if the allegations are false, they may impact child custody choices. When making a custody decision, the court will consider any actual incidents of abuse or neglect and any claims of such behavior. Because of the bogus claims, the court will consider this while determining custody.
The Child’s Preferences
If the child is older or has a high level of maturity, the court may consider their preference. Judges are aware that some parents may try to compel their children to make a decision. Custody fights with high stakes may result in parental alienation. As a result, judges must weigh all relevant factors rather than relying solely on a child’s requests. Child preferences are considered, even if the court gives them little weight compared to other aspects, such as what each parent does and a social worker’s or another expert’s suggestions. Keeping a child with one parent solely because they are more lenient or spoiling isn’t always in the child’s best interests, and the court is likely to disagree. The court will also consider their ages when determining how much weight to give to the children’s desires. Children may say which parent they want to live with after a separation or divorce.
Custody issues should be discussed with a lawyer as soon as possible after splitting from the other parent. Some of the most acrimonious family court battles take place for child custody. Trapp Legal can help you with any inquiries you have concerning your personal custody dispute. A child custody attorney will point you in the correct direction.
