Child Custody Decision: Factors That Influence and Those That Don't
If you are a parent in a separation or divorce, one question that is likely to bother you is who gets custody of your child or children. If you and your spouse can't agree on a custody plan, you will have to settle the matter in court.
Judges consider various factors before they decide on the best custody arrangement. Nonetheless, there are also non-issues that many people confuse for determinant factors. This blog explores some of the impactful and non-impactful custody case factors.
Factors That Influence Outcome of Child Custody Cases
Family judges ensure the child's best interest. Some factors that courts check to decide whether you or your spouse wins physical custody are listed below.
Parent-Child Relationship
The court keeps closer parent-child relationships intact. While specific rules don’t exist when assessing the relationship, courts do use a few guidelines. For instance, if separation from a given parent results in distress, the court may favor that parent in the custodial arrangement.
Other factors to examine based on relationship include:
The primary caregiver
The parent who spends more time with the child
The attentiveness to the child's emotional, physical, educational, developmental, and special needs
History of Domestic Violence
The court weighs various factors in the parents' history, including domestic abuse. The law considers a parent with criminal domestic violence or abuse records unfit and denies custody or visitation rights.
The courts don't consider domestic violence based on accusations since one parent may say that to win custody. Instead, the court investigates to identify issues like:
Police reports
Probability of future physical harm to the child or other parent
Impact of the abuse on the child
Ability to Meet the Child's Needs
A parent must meet the child's physical and emotional needs. The court doesn't consider only the income a parent has. The time spent with the child and the flexibility to create time for extracurricular activities is paramount.
Some cases involve both parents being busy and may not create enough time for the child. In such situations, the court may consider the availability of close relatives who can step in when the need arises. The parent who can meet the child's need for the better part of the year receives a favorable judgment.
Factors That Don't Influence the Custodial Decision
Questions may arise on whether gender, religion, and physical disability affect the final decision. While stereotypes exist surrounding these factors, courts don't use them as a baseline for custody judgments.
Gender
For a long time, mothers had the upper hand in custody cases. Nowadays, the law requires the decisions to be gender-neutral. Whether the mother or father gets custodial rights, the court's role is to ensure the child is in the best hands. Either of the parents can request physical custody, and no state favors the mother if both parents qualify.
Religion
Freedom of religion is everybody's constitutional right. That said, judges will not deny custody based on your religious inclinations unless your religious practices can cause substantial harm to the child. Additionally, courts don't penalize nonreligious parents.
Physical Disability
The heart of parenthood lies in the providence, protection, and guidelines that affect the child. Many people who live with disabilities can still take care of themselves and their kids. That said, physical handicaps can't be the sole factor used to determine a child's custody. Yet, if the disability hinders your ability to fend for the child, the other parent will likely get physical custody.
Conclusion
When it comes to child custody, you want to ensure that everything you do benefits your child or children. If you want to ask questions or seek legal advice about child custody, contact us at Rise Law Group. Our attorneys are competent in family law and are always ready to work on your case.