One of the most difficult decisions during a divorce is who will take custody of the children. Sometimes one parent concedes to another, but what happens when both parents are requesting full-custody? If you are going through a divorce, consider discussing your custody options with a family law attorney or divorce lawyer. In the meantime, consider how child custody is determined from the law’s perspective.
Wishes of Parents and Children
The first thing the court takes into account is the wishes of the parents. If the child is old enough to voice a preference, the court will also take their wishes into account. The older the child, the more their input will affect the final ruling.
Before a decision can be made, the court needs to evaluate the family dynamic of both homes. How does the child interact with different sides of the family? Any history of alcoholism, drug abuse, or sexual/physical abuse will rule out an individual as an option.
The courts will also examine how easily the child will adjust to each living situation. The law often tries to keep the child in the same school with the same routine and set of friends. This not only provides comfort during a turbulent time, but will also help minimize the amount of disruption to the child’s life.
Primary Care Taker
Another major determining factor in child custody battles is who the primary care taker was. Courts will often award custody to the parent that was more involved with the upbringing and care taking responsibilities of the child’s life. This also means the judge will consider how much available time the parent will have for the child.
Whether you are fighting for full or partial-custody, child custody attorneys with Wilson Law Firm A Professional Corporation provide the representation services for your needs.