Every child custody case and every family is different, but one thing always remains the same: The court is most focused on the health and welfare of the children, above all.
When deciding custody issues, the court must consider the best interests of the children. Here’s how that could play out.
What things will affect the child’s health and safety?
One of the most important things for the court to consider is where the child will be safe and healthy. Some of the things the court may consider are the mental and physical health of both the child and the parents, whether there has been any threat of violence against the child by either parent, any history of child and a parent’s past criminal history as it might apply to their parenting abilities.
Where will the child’s lifestyle be best preserved?
The court will also consider how each parent can provide for the child’s needs. This doesn’t mean the parent with the most money wins custody. Instead, the court will tend to look at how much each parent has historically participated in raising the children. The ability of each parent to take care of any medical or mental health needs of the children will also be considered during a custody case.
What should you do when you’re facing a custody battle?
Working through a custody dispute is never easy. The wisest thing to do is to speak with an experienced attorney as soon as possible.