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Custody can be a heated and complex issue in a divorce, with two parents fighting for the right to be the child's main caretaker, support system, and protector. Family law courts look at a variety of factors when determining which parent is most appropriate for the kid's needs. Below is a brief discussion of several of these considerations.

5 Factors Courts Consider in Custody Cases

1. Mental Health of Each Parent

A family law court's priority is the well-being of the children, so judges try to ensure that both parents are mentally fit to provide sufficient care. They will look at the mental health history of each to find out who can offer the most emotional stability and support. For instance, they review each person’s past with substance abuse.

2. Finances of Each Parent

Just as emotional stability is crucial, so too is financial stability. Courts check that each parent has the resources to raise a child in a suitable environment. They look into each person’s income and earnings to find the right fit.

3. Child's Wishes

family lawFamily law courts take into account the child's preferences for living arrangements. Younger kids aren't always equipped to make this determination, but older individuals often have strong opinions about who they prefer as a primary caretaker. While it is not the sole factor a judge considers, it usually figures heavily into the decision in some way, whether through custody arrangements or visitation schedules.

4. Practical Considerations

Which parent lives closer to the child's school or their social circle, including friends and playgroups? Who works closer to home and the school? Which person has an existing relationship with the kid's teachers, friends' parents, and religious leaders? Courts take these questions into account, as they determine who may cause less change and upheaval in the child’s life.

5. The Primary Caretaker Up Until This Point

Judges consider which parent has been the primary caretaker up until the divorce. Typically, the amount of involvement they have with their child reflects the strength of the relationship and bond they share. If this situation is beneficial to the kid, the courts may see no reason to change it.

 

If you're involved in a custody dispute, trust the family law attorneys at Achille Law, P.C. Since 1978, they have been serving the Jefferson County, PA, area, providing quality legal guidance and representation through every step of the process to protect their clients’ rights and best interests. Call (814) 849-6701 to schedule a free consultation today. Visit them online to learn more about their background and expertise in this and other practice areas.

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