Divorce cases are becoming more common every day. As of 2022, the divorce rate among married couples in the United States is nearly 50 percent. Divorces can have serious effects on each spouses’ emotional and financial status.
When divorces happen, children’s best interests need to be considered. Irritability, relationship problems, anxiety, acute sadness, substance abuse, and depression are common in children of divorce. Family and divorce lawyers aim to ensure that the children receive protection to prevent such side effects.
The need for childcare and schooling after divorce contributes to child custody. Either one or both parents get custody of their children after divorce. Child custody comes in four forms: joint custody, legal, sole, and physical custody.
Several factors guide child custody agreements. The following discussion will enlighten you about key parameters affecting child custody.
The court will consider where the child lives before reaching a child custody agreement. Several factors count. The first factor is the security of the home. Security and safety are paramount for the child’s comfort and peace of mind.
The other factor is the general environment in which the child lives. The environment needs to be stable, clean, and healthy. Again, the judge will also compare where the child is likely to get better care and love. You will get custody if your home has the necessary stability.
Parent’s and Child’s Wishes
Both parents can fail to agree on who should have custody. In such cases, the court considers their wishes. The judge will evaluate what each parent desires about the child. Factors like moral and spiritual guidance, health, education, and other child concerns receive consideration. The parent with the best interests of the child gets custody.
The child can be old enough to speak up about their desires and wishes. In such cases, the court considers their wishes. The child’s wishes are less likely to affect the custody agreement than the parent’s wishes. The child needs to have genuine and positive desires for the court to consider their wishes.
Parent’s Ability to Provide
You can’t have custody if you can’t meet your child’s basic needs. The child’s happiness, health, education, and other crucial things depend on your capacity to provide. Several things will help the court determine if you can provide for your child.
One of them is the condition of your house. You need a separate room for the child’s accommodation. The court will also determine your employment status. A stable job is proof that you can cater to your child’s bills.
Note that the court does not only consider your ability to meet the child’s physical needs. You should also prove that you can take care of the child’s emotional wellbeing.
Parent’s Ties with the Child
How you relate with your child will determine if the court grants you custody. A close relationship with the child is crucial for the child’s emotional and mental health. The court will evaluate which parent has a better relationship with the child.
Several factors will help the court determine if you have deeper ties with your child. One of them is abuse and violence, which damage a parent-child relationship. The court cannot grant you child custody if you are an abusive or violent parent. Also, you should compile proof that the child is more comfortable with you than the other parent.
Due to the complex nature of child custody cases, you need to hire an experienced and reputable family lawyer for guidance and representation. The Law Offices of Lynda Latta, LLC has over 25 years of experience helping clients in family-related cases. We help our clients in child custody, divorce, domestic violence, and paternity. Contact us today for a free consultation.