When parents divorce, one of the family matters that must be discussed is child custody. Parents can create a custody agreement that decides on each parent’s legal rights and obligations toward their children, including custody days and child care. However, parents may have conflicting opinions about child custody and other child-related matters. As a result, parents may need to go to court to settle child custody issues.
A court can create a child custody order for parents. This custody order can decide on legal and physical custody. There are a few factors a court may consider before granting parents custody rights. Here is what you should know:
How a court determines child custody
A court will typically focus on the best interests of a child when creating a custody order, including their safety, well-being and health. Parents can demonstrate that they have the best interests of their children during a hearing. There are a few factors that can support a parent’s case for child custody, including the following:
- A parent’s relationship with their child
- A parent’s involvement in their child’s life and daily care
- A parent’s ability to provide for their child’s needs (shelter, food, clothing, etc.)
- A parent with good mental and physical health
- A child’s relationship to other family members
- A parent’s ability to care for a child’s special needs
- Home and environmental stability
- Each parent’s ability to communicate and cooperate efficiently
Some factors can impact a parent’s argument for child custody, including the following:
- A parent with a history of abuse, neglect or abandonment
- A parent with a criminal history
- A parent with mental or physical disorders
- A parent who frequently works abroad
- A parent who lacks employment
A court may consider several of these factors before granting custody rights. Having an effective argument during a child custody hearing is essential for parents seeking custody rights. Professional legal guidance can help parents build their case and negotiate child custody and custody scheduling.
