In the event of a divorce, parents may petition for child custody. Since every family situation is unique and complex, several factors are considered before determining if a parent will be granted joint or sole custody of a child. If you’re navigating this legal challenge, here are a few important factors that may play a role in determining your custodial rights.

What Courts Consider When Deciding on Child Custody

1. History of Treatment

Adults may be pursuing divorce and child custody rights as a result of domestic abuse. If one parent has a history of emotionally or physically harming their child, it’s more likely that the other parent will be granted custody.

2. Living Accommodations

Children must be provided with healthy, safe, and secure living conditions. Judges may consider various aspects of each parent’s residences after in-home evaluations are conducted. If a parent’s environment appears to be unstable or unaccommodating, custody may be awarded to the other party.

3. Parental Availability

Understanding that children require a great deal of attention to lead a balanced, happy, and healthy life, the courts will typically side with parents who are more available. Adults who work extended hours or have a history of avoiding parental duties may receive reduced custody rights.

4. Health of Parents

While both adults may have the resources to adequately provide for the child, physical and mental health concerns can get in the way of custody rights. For instance, parents who have a history of unmanaged bipolar disorder or are experiencing chronic illness are less likely to receive full custody.

5. Children’s Viewpoint  

Family court judges will often take time to speak to the child one-on-one to learn more about their feelings about the situation. If other obvious factors aren’t influencing the decision, custody may be determined by what the child prefers. For example, children wishing to split time between both parents may be cared for under a joint custody agreement.

If you’re concerned about child custody decisions, turn to the caring professionals at Coates & Frey Attorneys at Law LLC, in Honolulu, HI. Specializing in family law, these professionals will prepare you for divorce proceedings and structure sound arguments for custody concerns. They’re also qualified to take on more complex matters, including those involving domestic abuse or paternity questions. Visit their website to learn how they can help you earn child custody, or call (808) 524-4854 to schedule a free consultation.