FACTORS OF CHILD CUSTODY

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child? To answer this question, courts generally look at a number of different factors, such as:

  • A parent’s financial and physical ability to provide a child with essentials like food, medical care, shelter, and clothing
  • A parent’s medical history, both physical and mental
  • The child’s age, sex, and medical history, both physical and mental
  • A parent’s vocation and habits, including things like excessive drinking or smoking
  • The child’s choice if the child is of a certain age, normally 12 years old
  • The emotional bond between child and parent
  • The wishes of both parents
  • The willingness of each parent to support the child’s relationship with the other parent
  • The level of adjustment needed from the child if forced to move to a new school, city, or state
  • The quality of life the child enjoys in the child’s current status quo
  • Whether any parent has brought false or malicious charges of child abuse on the other parent.

In assessing these factors, courts tend to look closely at which parent is most likely to provide the child with a stable household. This can vary depending on the child’s age.

If the child is young, custody may go to the primary caregiver. However, if the child is older, custody may be awarded to the parent who is better situated to provide the child with access to education, friends, and social development.

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