How Is Child Custody Decided?

When two parents divorce, one of the most difficult things to determine is child custody. It’s often an emotional and heated process, as both parents want what’s best for their child. In order to make a fair determination, there are a number of factors that are considered. Here are the 8 things that determine the outcome of a child custody agreement:

1. The Child’s Wishes – In many cases, the child’s wishes will be taken into account when determining custody. If the child is old enough to express a preference, the court will listen to their opinion. However, the child’s wishes are not always determinative; the court may decide that what’s best for the child is not what they want.

2. The Parent’s Wishes – The parent’s wishes are also considered by the court. They may consider which parent is more likely to allow the child to have a relationship with the other parent, or which parent is more likely to provide a stable home environment.

3. The Relationship of the Parents – The relationship between the parents is also taken into account by the court. If there has been a history of domestic violence or child abuse, this will weigh heavily against awarding custody to that parent.

4. The Custody History of Each Parent – If either parent has been previously awarded custody, or if either parent has had visitation denied, this will be taken into account by the court.

5. The Age and Gender of the Child – The age and gender of the child are also considered by the court in making their determination. Young children are typically awarded to their mothers, while older children may be awarded to either parent depending on their individual circumstances.

6. The Financial Situation of Each Parent – The financial situation of each parent is also taken into account by the court when making their determination. If one parent is unable to provide for the basic needs of the child, this will weigh against them in custody proceedings.

7. The Living Situation of Each Parent – The living situation of each parent is also considered by the court when making their determination. If one parent lives in an unsafe neighborhood or if there is another reason why it would be detrimental for the child to live with that parent, this will be taken into account.

8. The Relationship Between Each Parent and Child – Finally, the relationship between each parent and child is considered by the court when making their determination. If one parent has been absent from the child’s life or if there is evidence that the child is bonding with the other parent more, this will be taken into account.

These are the 8 things that determine the outcome of a child custody agreement. Burton Family Law Firm has expert family law attorneys who can help you navigate these waters and ensure that your child’s best interests are taken into account. Contact us today for a consultation.

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