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Factors That May Influence Child Custody Decisions

Posted by on Jun 15, 2017 in Child Custody, Divorce | 0 comments

Divorce is a legal nightmare. You have to navigate through laws concerning alimony, division of assets, and division of liabilities. But it gets worse if there are children involved, because you have additional laws to navigate through, such as those relating to child custody and child support.

A child custody lawsuit is always the most emotional in the family court. This is because either parent wants to get custody. Whether the child goes to the mother or father, it doesn’t change the fact that there will be major changes in their lives.

But how is child custody decided? There are certain factors that need to be considered.

Earning Capacity

There may be a lot of factors that may influence child custody, but they boil down on the same core idea – it is for the best interest of the child. To determine best interest, each parent’s ability to provide for the child is considered, and this generally means each parent’s financial stability to give the child food, shelter, education, healthcare, and security.

Medical Condition

The physical and mental conditioning of each parent is also considered, because these things can negatively affect the child. Those with physical and mental conditions, such as illnesses and anger management issues, may have a harder time fulfilling parental obligations and may even hurt the child in the long run, so they are less likely to get custody.

Relationship with Child

It is not always about money and health. Sometimes, it is about who is closer to the child and who is doing more for the child, such as on the following domestic aspects:

  • Bonding with the child, like participating in recreational activities
  • Handling the hygiene needs of the child, like giving him a bath and changing his diaper
  • Handling the medical needs of the child, like taking him to the dentist and doctor
  • Handling the nutritional needs of the child, like preparing him meals and packing him lunches for school

Child’s Choice

A child, especially one that is already rational enough, may have a voice regarding custody. However, his choice does not top the other entries in this list, because the best interest of the child is still the absolute criteria for child custody. But in the right conditions, the child’s choice is definitely considered in the decision process in child custody.

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