Divorce and separation are emotional experiences, but they’re particularly challenging when children are involved. In some cases, you may be able to agree upon a co-parenting arrangement with your ex-partner. However, it’s best to consult a custody lawyer to come up with the right arrangement for your child. To prepare you, here is a brief guide on how custody is determined. 

How the Courts Determine Custody

When the judge hears a custody case, their goal is to determine what is best for the child. They will take several factors into consideration, examine evidence, and listen to testimonies.

To receive custody, parents must prove they can provide a safe, stable environment. The court will consider the parents’ financial and employment status, housing situation, personal relationships, history, and maturity, and health. Parents who haven’t been married can still ask for custody, and both partners have equal rights. 

How to Improve Chances of Custody

In most cases, the parents will end up living in separate locations. The new home should be clean and safe with adequate space. Living within the same school district to avoid disrupting the child’s education can also improve a parent’s chances of getting custody. 

Holding down a steady job is another way to improve the chances of gaining custody. Not only does this prove a parent is financially capable, but it can also be a sign of stability. It’s helpful if the parent’s work schedule syncs well with the child’s. For instance, a parent who works a standard 9-to-5 may have a leg up on one who works long, irregular hours.

Furthermore, personal relationships can signify a parent’s maturity and stability. For instance, a person dating quickly after a divorce may raise questions with the court. This is particularly true if the new partner is cohabitating or has a questionable lifestyle or past. 

What Would Compromise Custody

Most of the time, parents can come to an agreement with the help of custody lawyers. However, if a parent has a history of high-risk behavior, such as drug or alcohol abuse or criminal activity, they may receive limited visitation rights. In some cases, they may only be able to see the children under the supervision of an authorized guardian.

If you’re concerned your ex-partner’s behavior may put your child at risk, discuss this with your custody lawyer. 

If you need a custody lawyer on Oahu, turn to The Law Offices of Edward J.S.F. Smith. Based in Honolulu, HI, this respected family law attorney has over 15 years of experience providing legal services for individuals and families in the community. Call (808) 523-6936 to schedule a consultation with this custody lawyer, or visit the website to learn more about his practice areas.