Child Custody Decision Factors

Child Custody Lawyers

One of the biggest issues parents may have when going through a divorce is how the breakup of the marriage will affect their relationship with their child. Even if the parents end up with equal parenting time, it will still mean less time spent with the child than when the couple were married.

Many clients who come are often under certain misconceptions about how judges decide how parenting time and custody will be divided. For example, some clients believe that if their spouse was having an affair, the judge will award primary custody to the non-cheating parent. Another parent may think that because they have more money than the other parent, the court will award them primary custody.

The truth is, however, that the court will award custody and visitation based on what is in the best interest of the child. What is best for the parent is not even considered by the court. Ideally, the parents, with the help of their attorneys, will be able to work out a parenting plan and present it to the court to approve.

Unfortunately, that is often not the case and the court needs to determine how custody and visitation should be awarded. The factors the court will consider include the following:

·       The wishes of the child

·       The wishes of the parents

·       How much time each parent spent with the child in the two years prior to the divorce, as well as what parental duties each parent performed

·       What type of relationship the child has with the parents, siblings, and any other family members or friends

·       How well the child has adjusted to their home, school, and community they live in

·       The emotional and physical health of the child and both parents

·       How close the parents’ homes are to each other, the schedules of the parents and the child, the parents’ ability to transport, and how well the parents cooperate with each other

·       The parent’s ability to put the child’s needs before their own

·       The parent’s ability to foster and encourage the child’s relationship with the other parent

·       Whether there should be any parenting time restrictions on either parent

·       Whether there have been any threats of physical violence or acts of physical violence or abuse by the parent against the child or any other family member

·       If the parent is or lives with a convicted sex offender

Contact a Child Custody Attorney

A law firm works aggressively to help clients get the child custody outcome they and their children deserve. Child custody attorneys will work diligently to ensure your parental rights are protected. To find out how a child custody lawyer in Collin County, TX can help you and your family, contact a law firm to set up a confidential consultation today.

Thanks to Scroggins Law Group for their insight into family law and factors that determine child custody.