Divorce becomes increasingly tricky when children are involved. It’s important to have a skilled lawyer on your side so you and your children can have the best possible outcome in the divorce case. Allow us to explain several factors the court considers while you pursue child custody.
The Parent’s Living Situation
During a child custody case, your judge will consider each parent’s living situation and how it will affect the children. He will consider certain aspects of your living situation including how far away you live from their school and from the other parent, if you have a home or are crashing on a friend’s couch, and if your residence is safe for children. The goal for most child custody cases is to help maintain a relatively normal life for the child. If your living situation allows for that, you may be awarded primary or joint custody.
A Child’s Age & Preference
Although this is not always the case, the judge may determine that primary custody of young children and, especially nursing children, needs to be given to the mother. However, if she is unfit to care for the children, the father will likely be awarded custody.
If the child is nearing his teenage years, a judge may talk to the child about who he prefers to live with – mom or dad. However, if the child is not mentally mature or has not reached an age where it would be beneficial to discuss the matter of custody, the judge will forego talking to the child.
If either parent has a history of abuse – whether emotional, verbal, physical, or mental – the judge will use this information to determine if that parent is fit for child custody. The judge wants his ruling to protect the child and enable a healthy, safe future.