Children of Divorce: Who Gets Custody?

Divorce is difficult for everyone involved. If you’re a parent, then making sure your children’s lives are not negatively affected by this would be your top priority. But it isn’t easy trying to navigate through the process of divorce without worrying about your children. The custody battle alone can be grueling. There are many factors that come into play when determining which parent will get custody. 

Judges tend to focus on the best interests of the child, rather than the parents’ needs. Every custody case is different, but there are some factors that are always taken into consideration. It is imperative that people seek legal advice on child custody arrangements before even considering settling. Lawyers may be always in favor of you winning, but they will also be able to guide you on how these proceedings should go and may enlighten you on what the best course of action truly is. 

If deciding who gets custody has been on your mind lately, the following matters should be taken into account:

The Relationship Between the Child and the Parents

A judge will be examining the relationship a child has with each parent. Based on the best interests of the child, a judge will observe how much time you and your child spend together and how involved you are in their lives. This normally happens in all state courts. If you have failed to be present in your children’s lives, then your chances of gaining full custody are slim. 

The Parents’ Lifestyle

How the parents present themselves in family court plays a huge role in determining who gets custody of the child. If a parent seems irresponsible, displays disorderly conduct, or fails to prove themselves as a good role model for their child, they will struggle to be deemed fit to raise a child on their own. 

According to Fernandez & Karney family law lawyers, how the parents live their life is important in determining who gets custody of the kids. This includes the amount of time they spend at home, their travel schedule, leisure activities and other aspects of their life. Good divorce lawyers do background research and investigate thoroughly when it comes to finding out details about the parents.

The Health Conditions of the Parents

The parents’ physical and mental health plays a key role here, too. If a parent has any physical or mental health issues, they may be unequipped or unstable to handle their child without help or supervision, and therefore they would not get full custody. 

The Parents’ Ability to Provide for the Child

Parents need to have the ability to provide for their children on their own. Their spending habits, salary, housing situation, and all necessities will come into question. A parent would have to prove they can create a stable environment for their child, can afford to pay bills, provide enough food and drink, be responsible for taking a kid to school or doctor appointments, and have the ability to take care of a child’s well-being. 

Who the Primary Caregiver is

The primary caregiver does tend to have an advantage as the child is used to spending most of their time with said parent. To avoid too much disruption in a child’s life and to establish continuity, the primary caregiver has a good chance of getting sole custody. The younger the child, the more likely custody would be awarded to the primary caregiver. However, this isn’t a guarantee. How the parent presents themselves as well as their conduct, lifestyle, and health also play a key role in determining who gets custody.

The Child

At the end of the day, it’s all about the child, which is why everything about this child and his or her life will come into question. Their age, gender, and mental and physical health will take precedence when it comes to the final decision. The preference of the child will also be considered during a custody case, as well as their established routine from home to school, etc.  If in any of the above cases, one parent is clearly favored, then the court will focus on determining whether they can provide a safe and stable environment, are physically and mentally healthy, and have a solid relationship with the child. If the child is under five years old, their custody is more often than not awarded to the biological mother. If as a mother you get sole custody, you might want to find out how to legally change their name and the steps involved in the process.

While there are many factors that affect the court’s decision, many fathers typically agree that the mother should gain custody of the child if they are still young and that the father should be provided reasonable visitation rights, which then results in joint custody once the divorce is finalized. They tend to come to this conclusion by assuming the family court will favor the mother, or because they believe that the battle will be prolonged and difficult. The good news is, fathers’ rights are more prevalent than ever, and they are now heard in court due to studies showing the severe problems and issues a child can suffer from when there’s a lack of a father figure in their lives. Even if the court does temporarily rule out joint-custody, the father’s visitation rights are much more generous.