In child custody matters, mothers usually receive around 65% of custody time, whereas fathers typically get around 35%. Approximately 12.9 million custodial parents are there in the U.S., which represents around 4% of the total population.
Determining who gets custody of the children is a critical and emotional decision that courts must make when dealing with divorce cases. Judges focus on the best interests of a child and not just the parents’ custody wishes.
Does past drug use affect child custody? Drug abuse can certainly impact custody decisions. If a parent’s drug use hinders their ability to care for the child, the court may impose restrictions on custody or visitation rights. The dependence of parents on drugs or alcohol can lead to harmful situations for children.
This article will look at the things that a court takes into account when making child custody decisions.
The Best Interests of the Child Standard
The judges put the child’s best interests ahead of everything else when they decide who gets custody. All decisions should be based on this rule, and the child’s needs should always be taken into account, whether they are physical, mental, or educational.
The judge would consider the child’s health, stability, and relationships with both parents to decide what’s best.
It’s more important than ever to be active in your child’s life and care about their health. Close cooperation and talking to the other parent help you uphold your parental obligations.
It’s also best to consult an attorney. According to https://www.bundylawoffice.com/, while child custody cases are challenging, they also present opportunities if the right lawyers are involved: opportunities for creativity in solutions and for storytelling in the courtroom.
Factors Considered by the Court
In custody determination, the court generally weighs several key elements that may greatly influence the final decision.
Custody decisions take into account the ability of a parent to provide a social and loving environment for the child. Other things coming into contention include work schedule, place of living, and financial ability.
Usually, in awarding custody, courts take into account such things as the child’s age, relationship, and emotional needs. Other factors include any special needs the child may have.
A child’s preference could be considered if he or she is mature enough. Issues of abuse, neglect, or substance use are always a heavy factor in the final decision of the court.
All these factors culminate in the final custody arrangement.
The Role of Each Parent’s Relationship With the Child
It is important to think about the bond between the child and the parent when dealing with child custody.
Courts look at how much time you spend with the child when deciding who gets custody. Spending time and doing activities with the child will help courts decide who to give custody to. These activities may include helping with schoolwork or attending school events.
The ability to communicate well and build a relationship with the child is another factor. Courts favour those who nurture the bond and provide an environment of emotional stability for the child. An emotionally strong and loving bond can be just one more asset toward gaining custody.
The court aims to have the child’s best interests taken care of. One approach to doing this is improving a parent’s relationship with the child.
Child’s Preferences and Opinions
Once the child approaches adolescence, the court may begin to consider their personal wishes since it is believed that older children are able to express themselves more clearly with regard to their feelings.
Judges often find themselves in a position to ask children who express themselves about their living preferences.
Children can freely tell courts about which parent they feel comfortable living with.
Always talk to your child and try to explain the situation so he or she will feel comfortable sharing their opinion. Maintaining communication with your child prevents them from being put in a position of conflict between you and the other parent.
The Impact of Living Situations on Custody Decisions
In determining custody arrangements, courts closely assess the living settings of parents to establish which circumstance better supports the welfare and growth of the child.
Factors such as safe dwellings or houses, proximity to schools, and other resources present in the community are considered. If you live in a good community with reputable schools and a supportive environment, it may greatly influence your case in a positive way.
Courts concern themselves with the stability of a parent’s living situation. If you keep moving from one place to another or remain in temporary accommodation, the court may question your ability to provide a stable environment for your child.
Showing that you provide a nurturing, secure, and enriching environment will help your side obtain custody while your circumstance influences the court’s co-determination.
