What is child custody and how is it determined?
What is child custody and how is it determined
What Is Child Custody?
Child control refers to the state of being given the control and care of children. When couples are separating, one of the most crucial decisions to be taken is child custody. In most cases, couples approach the family law court to help them decide who gets custody of the children if they could not agree mutually. Given this, other issues like visitation rights will be determined.
In most cases, children spend most of the time or live always with the parent who has custody. Meanwhile, the other parent will be given the right to visit the children at the appointed times and the right to ask about the well-being of the children usually referred to as access. However, it should be noted that child custody may be joint, sole, or shared, depending on the family law court’s decision in reference to the wishes of the spouses.
How Is Custody Determined?
Custody can be decided by spouses mutually by reaching agreements with the help of family law attorneys. In situations where they could not agree, they can seek the help of a family law court to decide who gets custody. In determining who gets the custody, the court considers many factors including the following:
1. The family law court considers whether there is evidence of domestic evidence, negligence, or neglect by either of the parents. The court will not consider an abusive, violent, or negligent spouse for custody.
2. The court considers the ability of each spouse regarding the ability to provide adequately for the emotional wellness, physical needs, and medical care of the child.
3. The family law court will evaluate the psychological impact that the custody will have on the child. The court will prioritize the decision in the child’s best interest.
4. The wishes of the child will also be considered by the court whether he or she desires to stay with the parent being considered for custody.
5. The accommodations and living conditions of each of the parents will also be considered by the family law court in deciding who gets custody of the children.
6. The physical and mental health of each parent will be considered to determine who is better positioned for custody. The court will not grant custody to the parent found unstable in physical and mental health.
7. The quality of the relationship the child has with each of the parents will also be considered. This places the parent who the child has a more cordial relationship with in a favorable condition.
Takeaway
Child custody and how it is determined has been considered. If you are planning to separate or divorce your spouse, read the write-up again to know if you would be in the best position to get child custody. In the same vein, contact a family law attorney for advice.
