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Child Custody Factors During a Divorce That You Should Know
Although you can never know exactly how a court will decide child custody, that does not mean there are not things that determine custody. Custody rights and responsibilities are decided during a divorce. Each state uses different criteria or factors in the decision, but some primary considerations apply to all states.
This article will take an in-depth look at the child custody considerations and factors considered by judges when awarding custody. The information below is intended for educational purposes only, not legal advice. For accurate legal advice, please hire a professional attorney to represent you.
Age of the Children
The age of the children is a factor in child custody cases throughout the state. The law recognizes that younger children need consistent supervision and parenting; older children are expected to act more responsibly, making them better able to adjust between two homes maturely. The child’s age may also mean that they need more support from their parents, which is critical for their development.
Support from Parents or Family
The ability to support your children after a divorce can be difficult, especially if you have a full-time job or do not have extra support. The court’s number one priority in child custody cases is the safety and stability of the home in which the children will be placed. If one parent cannot offer enough time, support, and care to the children, it can, in turn, make the judge less likely to award them custody. Having support from family, friends, or your community can better help your chances of gaining custody in these cases, especially if you have concrete plans for when the time comes.
Safety is essential when placing children in a home with their parents or guardian. The judge will take previous situations of abuse, neglect, or prior convictions into account when determining child custody. This is to keep the children safe at all costs and ensure that this separation does not add to the mental or physical stress that a child might experience during this time.
As we stated earlier, stability is critical for children during these times. Stability does not only mean support and care, but it can also mean providing a safe place for your children to live with you. Having a consistent and secure living situation is essential for custody.
In the end, if the courts deem both parents to be fit, a plan will be set in place, which will allow 50% custody to each of the parents. The judge can also take into consideration the preferences of the children. Sometimes children prefer to be with one parent over the other. This can be helpful to the judge when making the final decision and plans for custody in the future.
If you are currently going through a divorce and sharing children with your soon-to-be ex-spouse, it’s essential to understand these child custody factors to prepare you for the road ahead better. Here at Koleilat Law, we know the ins and outs of family law and help you navigate these challenging and trying times. Contact us today to schedule a consultation with our family law attorneys and get the advice you need.