What Goes Into Deciding Child Custody Arrangements?

Posted on: 30 January 2019

When you and your spouse get a divorce and you have children, one of your top decisions will be about your child custody. While some people are able to make amicable agreements on their own, most people have to work with the courts and a divorce attorney to come up with a fair division of custody. The following are some things you need to keep in mind if you are working on a child custody situation in court:

Different Child Custody Options

Custody is available in a variety of formats. The type of custody will be determined by looking at the needs of the children. The court will also examine the parents and their capabilities to provide the necessary care.

In many situations, the court will give each parent custody in a shared arrangement. This allows both of you to have equal responsibility. For others, the court will only give primary custody to one parent, with the other parent receiving some form of visitation. The only exception to visitation is if there is a circumstance in which visitation is not safe, or is otherwise unhealthy for the children.

If you are denied shared custody or visitation, you could still get a supervised visitation schedule. The supervised visitation will happen in a separate location with a court officer present. Over time, the judge will evaluate the status of the visits and could award you a different custody arrangement if you meet certain requirements.

Factors Used to Make Custody Determinations

When your custody case goes before the judge, he or she will examine different factors to decide on how custody is to be awarded. The most important factor is what is in the best interest of the children. The judge also looks at your relationship with the kids, as well as the relationship with the other parent. Additionally, the judge will examine the relationships with other people living in your household, such as other siblings, step-parents, partners, and the like.

The judge will also examine your mental stability, your emotional stability, your physical health, and whether or not you are capable of caring for your children. He or she also looks at your profession and if you have the schedule necessary for caring for your kids.

The judge may also consider the desires of the children if they are old enough. This is not a guarantee the children will get what they want, but it will factor into the final decision.


answers to legal questions about child custody

Child custody cases are difficult for the families, the lawyers and judges involved. Finding the best solution to a difficult problem while protecting the kids from as much emotional distress as possible isn't something that anyone ever wants to be a part of. Unfortunately, many marriages end badly and the parents have to come up with a custody plan that will be most efficient for the kids and the rest of the family. My blog is all about the legal aspects of child custody cases. You will find the answers to many of the questions that you have about the most difficult thing you will ever have to go through.