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A divorce lawyer will tell you that every child custody case is different—that there are many factors that can influence a court's decisions when deliberating on custody issues. With that said, there are a few major considerations courts will always take into account in a custody case. Here, a few of these considerations are discussed in more depth.

4 Considerations Taken Into Account in Child Custody Cases

1. Child's Preference

With older children, the courts typically want to hear from the kids themselves who they prefer to live with. Older children have had ample time and opportunity to develop—or not develop—relationships with both parents, and they are informed enough to know where they would be happiest. The issue usually isn't given the same weight with younger children because they may not yet have a clear picture of what's in their own best interest.

2. Health of the Parents

divorce lawyersThe courts are charged first and foremost with ensuring the safety of the children. That means the kids need to be placed with the most physically and emotionally healthy parent. Courts might request evidence from each parent's divorce lawyer of the physical and mental fitness of both before making a decision.

3. Parents' Wishes

As most divorce lawyers will attest, a parent's wishes are not the last word in custody determinations, but they can play a role in a court's conclusions. A judge will allow both parents to state their case and their reasons for why they believe they can provide the most stable home for the child. Courts are efficient at seeing which parent is the best provider and most appropriate guardian—and not necessarily the one who just wants to win the case for the sake of winning.

4. Parents' Work

A parent's working life will likely figure into a custody decision as well. If, for instance, a parent is gone for 16 hours a day at the office, that leaves little time to be with the kids. While courts expect adults to have to work, they also expect them to be able to carve out regular, quality time with the children.

 

These are just some of the common factors that play a role in how a court determines child custody. Divorce lawyer Jeff Hensley at Hensley Law Office is here to help you navigate this process and its complexities. For more than 25 years, he has been offering his services as a family lawyer, criminal defense attorney, and personal injury professional to the Greenup County, KY, area. Schedule a consultation by calling (606) 836-3117 or visiting him online.

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