When a family is affected by divorce, ex-spouses are encouraged to explore custody arrangements that work in everyone’s favor. But in many cases, unique circumstances will leave one or both parents petitioning for custody. Since this decision can have a lasting impact on a minor’s life, courts must review various factors to determine what’s best for the child. If you’re concerned about this outcome, here are a few major factors behind child custody decisions that you should discuss with a divorce attorney.

5 Factors Courts Consider When Making Child Custody Decisions

1. Prior Behavior

Any questionable or criminal activity committed by a parent in the past can hurt their chances of gaining a favorable child custody arrangement. Some common offenses that may impact this judgment include spousal abuse, child abuse, and sex crimes.  

2. Availability

Ideally, the court prefers that children can spend equal time with both parents peaceably. But if one parent is more available than the other, they are likely to get a larger share of custody. For example, a mother or father who travels a lot for work may not be able to realistically handle the demands of split custody.

3. Housing

One of the most important resources for a minor to have is a safe and stable place to live. Parents who do not have consistent or adequate housing will typically have a tougher time arguing for custody. If necessary, courts may require in-home assessments to get a more accurate idea of which living environments offer the highest overall quality of life.  

4. Health Issues

Sometimes, parents may be afflicted with conditions that may impact their ability to care for a child regularly. If a parent has an uncontrolled, chronic, or terminal illness, they may only be granted limited custody.  

5. Child’s Perspective

While a child’s preferences have no official bearing on custody decisions, the court may still ask the minor questions about their perspective to better inform the final decision. Often, these conversations take place one-on-one between the judge and the child, so parents or divorce attorneys can’t influence what the minor says.

Child custody cases can be challenging and overwhelming, but you don’t have to face these matters alone. Providing comprehensive support in family and domestic law, the divorce attorneys at Williams, Hall & Latherow, LLP can help you form a strong legal strategy to enhance your petition for custodial rights. With a personalized approach, this team will provide guidance at every step of the way to ensure you feel prepared for the court experience. They also offer mediation services to help ex-spouses reach compromises without having to go through court. To learn more about the legal services this firm offers in Kentucky, Ohio, and West Virginia, visit their website. If you’d like to schedule a consultation to discuss your divorce strategy, call the Ashland, KY, office at (606) 329-1919.