A child custody battle can become very heated, eventually even taking it out of the hands of the parties and forcing it into mediation, arbitration, or a court hearing. Such battles may end up in court because both parents have their opinion of what is best for the child, and one or both are willing to compromise. When a solution cannot be reached between the parties through negotiation, mediation, or arbitration, it may be time to ask a judge to decide.
Court Custody Battles
While not every family court judge may be an expert on child custody, they certainly have the means and opportunity to call on experts to help them make a wise decision about child custody. In addition, each party should enlist their own child custody attorney to help them compile and present their case, with the help if their own experts, if necessary. Aside from special circumstances, however, there are some standards that most states have established to guide judges in making these important decisions.
- The best interests of the child
- The age, sex, and physical and mental health of the child
- The physical and mental health of the parents
- The emotional bond between each parent and the child
- The parents’ ability to provide guidance for the child
- The lifestyle of each parent, including any form of child abuse, health concerns (even including second-hand smoke), and social circumstances
- The ability of each parent to provide the child with the necessities of life, including food, shelter, clothing, medical care, and more
- The child’s normal schedules and activities
- The ability of each parent to continue to support and encourage the child’s relationship with the other
- Each parent’s ability to provide a stable home, community, religious, and education life
- The child’s preference, if the child is old enough (often around age 12)
These elements may also be influenced by which parent had the primary nurturing relationship with the child before the divorce, and which is better qualified to continue to provide a stable environment. That may include several combinations of the two primary categories of custody:
- Physical custody – by the primary provider of food, shelter, clothing, medical care, education, religion, and community
- Legal custody – by the primary decision-maker concerning education, health medical care, religion, their future, and more
The judge can order either type as sole or joint custody.
Getting Legal Help with Court-Ordered Child Custody
Though every child custody case that ends up in court has some degree of conflict, the more animosity the parents have toward one another, the less freedom the judge has to order flexible custody agreements. Judges cannot see into the future and provide infallible insight into which home will provide a better environment for the child. However, the more information each parent provides to the court and the more expert testimony the parents and their child custody lawyers include in their presentation, the more able the judge will be to hand down the appropriate custody order.
