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Because every family’s situation is unique, there are no standard guidelines for determining child custody in the event of divorce. Instead, family law judges use their discretion to order arrangements that prioritize the best interests of the children involved. As for the kinds of factors that determine the children’s best interests, you can read about them below. 

What Kinds of Factors Influence Child Custody Orders?

1. Existing Bonds

It’s common for children to be closer to one parent than the other. While it’s usually in their best interests to maintain a strong relationship with both parents after the divorce, the court recognizes the strength of existing relationships and tries to cater to them.

2. Living Situation   

Parents seeking primary custody must be able to provide a safe and comfortable home for their children. While each child doesn’t necessarily need his or her own bedroom, the judge will inevitably compare each parent’s living situation to determine who is better equipped to care for them in the long term. 

3. Health Problems 

child custodyTaking care of children is both physically and mentally demanding. As such, judges are cautious about awarding custody to parents with substance abuse or other chronic health conditions that make it virtually impossible to provide a stable home. 

4. Employment Status

Because child support is available, judges are less concerned about annual earnings than they are about each party’s ability to maintain gainful employment. Excluding those with qualifying disabilities, parents have a legal obligation to provide for their children financially, and judges want to see that they’re committed to doing so before awarding custody. Keep in mind, however, that if you have an incredibly demanding job, you’ll have to present contingency plans for the times when work prevents you from performing essential tasks, like picking up the kids from school. 

5. Child’s Wishes 

While children cannot decide which parent they live with, the court will consider their wishes, should they have a preference. Generally speaking, the older the child is, the more weight his or her wishes will have. 

 

If you’re facing a child custody battle, turn to Riley, Resar & Associates, P.L.L. for strategic counsel. Located in Lorain, OH, this firm has been helping clients resolve even the most complicated family law disputes since 1984. Their highly knowledgeable team is also well-versed in personal injury law, criminal defense, business law, estate planning, bankruptcy, and real estate law. To learn more about their services, visit their website. To request a consultation, call (440) 244-5214. 

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