A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
When it comes to divorce, child custody tends to be among the hardest part of the settlement. Couples with the most difficult relationships are able to come to agreements on property division, but when it comes to the care of their child, things can get a bit more complicated and serious. If you are filing for a divorce with children, it is important that you are familiar with the various factors that will play a role in the decision of child custody. Here are just three of those factors.
The Child's Wishes
When children are involved, courts will always focus on the best wishes of the child. However, it is not always straightforward to determine which parent needs to be the one in charge when looking from the outside in. For that reason, many judges will sit down with the child for an interview to try to determine his or her preference. If the child is 14 years of age or older, the court tends to place much more emphasis on the preference of the child.
The Parents' Health
Now, simply because one parent is closer to a child does not in any way mean that the parent is fit to take care of the child. For that reason, court systems take the mental and physical health of each parent into consideration prior to awarding custody. If one of the parents is living with a mental or physical condition that may hinder the treatment of the child, it may be possible for the other parent to receive child custody. The court system will also look at the record of each parent for signs of violence or substance abuse, both of which are signs of an unstable household environment.
The Parents' Jobs
Even in the event that both of the parents are of sound mind and body, the way that each of them makes a living could get in the way of being a strong parent. For instance, if one of the parents must travel a lot for conferences, such as overseas, will be deployed in the armed forces, or regularly works long hours, the court system will take these things into consideration. If a parent's job is particularly exhausting or distressing, making them unable to care for the psychological needs of their child, this particular disadvantage will be taken into account.
If you have children, are going through a divorce, and want to fight as hard as possible for child custody, reach out to a divorce or family attorney in your local area.
Share6 January 2020
