Factors That Affect Child Custody’s Decision

Divorce is never the outcome that anyone expects when they begin their married life. Fighting for a divorce is a painful and stressful process. But the fight for child custody is perhaps even ten times worse due to the fact that it’s not just about you anymore, but also your children. The heated and hatred-filled arguments between you and your ex-spouse will determine the fate of your kid — who will they live with, who will manage their affairs, and what supports will you provide them. Knoxville divorce attorneys can help you by streamlining the divorce process.

Child custody is a term used to describe the legal and practical relationship a parent has with his or her child. The legal responsibility of caring for one’s child is called parental responsibility. It includes making decisions about a child’s education, religious upbringing, discipline, and medical treatment. Sometimes, parents share parental responsibility (joint custody), and sometimes they do not (sole custody).

The law governing child custody may be determined by state statute, but most often incorporates a combination of statutory and judge-made rules. Attorneys in Knoxville will guide you about the different child custody laws.

In this article, we will discuss the different factors that influence the court’s child custody decision.

Factors affecting child custody decision

In many cases, child custody is joint or shared with both parents having equal rights over their children. In such cases, it becomes even more important for you to prove that you are a fit parent and can provide better care than your spouse.

The judge will consider the following factors when making a child custody decision:

1. History of abuses and violence: Criminal records, both present, and past — incarceration or any police involvement for violence, drug abuse, domestic abuse, or child abuse can work against a parent’s custodial decision. If your ex accuses you of these allegations then hire a child custody lawyer immediately to fight for your parental rights.
2. Mental and Physical health history — A documented history of mental illness, physical disability, or a history of serious mental health issues can make a parent unfit for getting custody of a child. Such disabilities can also make a parent unable to provide care and support for his or her children. In such cases, the court may grant only partial custody or visitation rights to the disabled parent.
3. Alcohol and drug use — If there is proof that either one of the parents has a drinking or an addiction problem, then it will work against his/her custodial rights.
4. Child’s Preferences — In most cases, the court will consider the age and maturity level of your child in making this decision. The older the child, the more he or she will be involved in determining which parent they want to live with. But if the judge finds out that a child’s decision is influenced by one parent to the extent that it affects their relationship with other parents, or the child has been a victim of a parent’s manipulation then his or her decision may affect custody rights.
5. Relationship with the parents: The bond between the child and the parent is also considered while making the best custodial choice for the child. The stronger the bond, the better are the chances of that parent getting custody. A parent who has remained absent most of the time may be granted visitation and child support rights.
6. Providing and paying for child support: The court will consider the financial status of each parent before making a decision about child support payments and custody rights. A parent who has consistently held a job will have an advantage over another parent who is unemployed or stays out of work for long periods of time. A parent who makes more money has the advantage to understand and meet the needs of the child. Along with paying for child support, the parent should also ensure that the child gets a clean and safe home, good school, and develops good habits. But if the parent needs to be out of the house to earn money for a longer period, then the child’s custody can be granted to the other parent.
7. Parent’s willingness: The court will also consider whether both parents can communicate and cooperate with each other in meeting the needs of their children. If they are willing to share your parental responsibilities and work it out with their spouse to provide for their kids, then the child custody lawyer will try to work out an amicable settlement in the court.
8. Relationships with extended family members: The judge will also consider the child’s relationships with the grandparents, other family members that have been involved in their upbringing. if these relationships are favorable then the judge would not consider moving the child out of the house. A parent should ensure that they have established a good rapport and co-parenting relationship with all the family members.
9. Home environment: A child custody attorney will look into the current living situation of the parent before making a decision. Your home should provide a healthy and nurturing environment for children, taking into account different aspects such as school, friends, and other social interactions with adults.

Bottom Line

Separation from a parent is always devastating for a child. So when you are claiming child custody, ensure that you do things that benefit your child. It is important to know, what factors affect child custody decisions. Act responsibly and be an involved parent for your children.