Family law judges award custody based on the best interests of the children involved. This is the single most important factor they consider, and it overrules all other elements of the case. In order to determine a child’s best interests, though, they must evaluate several other variables. If you’re concerned about a pending custody battle, an attorney can help you decide which of these factors are most likely to influence your case. 

3 Factors the Court Considers During Custody Deliberations 

1. Each Child’s Needs

If the child has any special needs, whether academic, medical, behavioral, or other, the judge will consider which parent has the means to meet them. Since alimony and/or child support may be awarded, however, each party's financial situation is not the only factor that matters. The judge will also review which parent has been handling most of those needs up to that point. For example, which party attends all doctor’s appointments or parent/teacher conferences? Has one parent historically been more involved with the child’s physician and treatment? Open communication with your spouse and advice from your attorney can help guide you through these essential considerations. 

2. Each Child’s Wishes

Although younger children cannot choose which parent they want to live with without other factors coming into play, a judge will certainly consider their preferences if they make them known. Typically, the older a child is, the more weight a judge will give their wishes. In the state of Tennessee, attorneys will advise parents to ask the court to take the child’s wishes into account if they’re over the age of 12. 

3. Each Parent’s Situation 

Naturally, each parent’s situation will play a critical role in the custody proceedings. The judge will consider everything from physical wellness and mental health to earning capacity and religious convictions. The court also wants to see that parents fighting for custody can handle the day-to-day obligations of caring for the children without difficulty. Examples include taking them to extracurricular activities and helping them with their homework. 

Divorcing parents can rely on the strategic family law attorneys at Estep & Estep to advocate for them during contentious custody battles. If you’re thinking about ending your marriage, their team will help you secure the most favorable outcome possible given the unfortunate circumstances. Founded in 1953 in Tazewell, TN, this firm also provides guidance in a variety of other areas, including estate planning, personal injury law, and real estate law. To learn more about their legal services, visit their website. Call (423) 626-3525 to schedule an initial consultation with one of their seasoned, compassionate attorneys.