Recognizing the Need For A Divorce

What Factors Determine Child Custody Battles?

24 June 2018

Jackson Robinson

If you are getting divorced and have kids, you and your spouse will have the opportunity to determine how to handle the custody of the kids. If you cannot come to an agreement with your spouse, the decision will be left to the court. The court will examine several important factors when making this decision, and the court will always try to do what is best for the kids. If you and your spouse are fighting over this issue, here are some of the factors the court will use to make a decision in the matter.

The desires of each parent

In most cases where parents are fighting over custody, the fights are due to both parents wanting custody of the kids; however, the judge will still ask what each parent wants. The judge will do this because this factor matters. If one parent does not really want the kids, the judge is more likely to give the other parent custodial rights of the kids.

The health of the parents

If both parents want custody, the judge will then examine the physical and mental health of each parent. The judge will want to make sure that the parent who gets custody of the kids is fully able to care for the children physically and emotionally. If one parent has an alcohol or drug addiction, the judge is probably going to side with the other parent, for example. If one parent is very sick with a terminal illness, the judge will probably grant custody to the other parent.

The stability of the home

Judges also look closely at the homes the parents can provide, and this is important because children need a good, safe, stable environment to grow up in. The judge may need to have the homes examined before factoring this in, and this factor can play a large role in the case.

The ages of the kids and their desires

When children are older, such as in their teen years, judges also like to ask them what they want. While a judge will not simply place a child in the home he or she asks for, the answer to this question can play a role in the judge's decision.

There are a lot of factors involved with making this decision, and your lawyer can help you fight for your kids if you believe that they would be better living with you. If you have questions about child custody, contact a divorce lawyer today. To learn more, visit The VK Law Firm.   

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