Child custody cases are often the most difficult part of a divorce and are the reason many divorces are litigated in court. While two people can usually be somewhat reasonable and willing to compromise on their division of assets, when it comes to fighting for their kids, many parents believe there is no room for compromise. However, in child custody cases- especially if you let the court decide- you may end up with an arrangement that you aren't 100 percent happy with. This is because the court will focus primarily on what is in the child's best interests and will try, as much as possible, to provide the child with access to both parents.
Elements of Child Custody Cases
Each state has slightly different rules when it comes to child custody cases, but as a general matter, they consider several major elements when deciding who a child should live with and how custody should be divided. The court considers:
- Which parent has acted as the primary caregiver
- Which parent is better able to provide stability and a good home life
- Which parent is able to provide for the child emotionally and financially
- Whether there is any history of abuse or neglect
- If there is any addiction or history of immoral or inappropriate behavior on the part of either parent
- Each parent's fitness and mental status
- The preferences of the child if he or she is old enough (usually, children over 12 are permitted to express preferences in regards to who they want to live with)
Using this information, and any other details the court deems relevant, the court will make a custody determination. Their determination of what is best for the child may involve:
- Joint or shared custody: Each parent gets substantially equal or similar access to the child
- Primary custody with visitation: The child lives with one parent most of the time but the other parent has a set visitation schedule
- Sole custody: The child has access only to one parent and the other is not permitted contact, or that contact is very limited (such as supervised visitation). This is usually appropriate only in cases where some abuse or neglect has taken place or where there parent has issues that make it impossible for him or her to provide a good environment for the child.
Getting Help
If you are involved in a child custody dispute, you need to get help from a qualified divorce attorney. Your lawyer can help you to build a convincing case in court to show the judge that your child belongs with you.
