Factors Considered When Determining Child Custody

hild custody can be one of the leading causes of conflict during the divorce process. Determining custody of the children when a marriage has come to an end can seem like a very tense and difficult process. It is important to know that there are some factors considered over others when determining who gets child custody. These factors include:

●    Child’s Best Interests

It’s a given that the child’s best interests will always come first when it comes to custody. Divorce can already be a very taxing process on any child, so the child custody process will always be handled with extreme precaution and attention to the child’s best interests. A court will never act in anything except what may be the most beneficial result for the child or children.

●    Child’s Needs

The child’s age, health, and any special medical needs are always taken into consideration when it comes to child custody. For example, a young infant that is still breastfeeding would be better suited with their mother.

●    Parent’s Health And Ability To Provide Care

Other important factors taken into consideration are the mental and physical health of either parent, as well as the ability to provide care to the child/children. By ability to provide care, this can mean both physically and financially. However, it is important to note that even if a parent were to have some form of disability, as long as they can provide evidence that they can still care for their child then a judge cannot discriminate against the disability and award custody to the other parent.

●    Child’s Wishes And Ties

When it comes to older children who are mature enough to state which parent they would like to live with, there is special attention made to the child’s wishes. Special ties between the child and their home, school, and community are looked at as well.

●    Siblings And Extended Family

A court will never want to separate siblings when it comes to child custody. They will want to make sure siblings are growing up in the same household together, unless sibling relationships are damaging or there was some sort of abuse involved. Also, another factor that is often overlooked by many that is taken into consideration is the presence of extended family. Not only can the extended family provide a support system for the parent with custody, but if the child/children are close with the extended family, a court will not want to fracture this bond.


Looking For A Family Law Lawyer?

When it comes to divorce, child custody, and even child support, you want to get the representation of a legal expert with years of experience. If you are looking for a divorce lawyer in Carlsbad that will be able to legally advise and represent you in the matters of the divorce filing process, as well as child custody filing, The Law Offices of Marc Duxbury is who you can count on. Contact us to book your consultation!

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