One of the most common questions family law attorneys are asked is, “who will get custody of the children in my divorce?” The answer to this question varies from case to case. But, understanding how child custody is determined is one of most important factors when facing a child custody case.
Above all, judges make decisions in custody cases based on what is in the child’s best interest. However, to get a clear understanding of how child custody is determined, it’s important to first take a look at the factors that courts use to make their decisions.
How Child Custody is Determined Involves Several Factors
A judge is primarily interested in what is best for a child. And that’s it. But how does a judge determine what is best? To determine what is best, here are several factors a judge will look at and consider:
Who is the primary custodial parent or caretaker
After a divorce, one of the key factors in deciding who will get custody of a child is first determining who is primary custodial parent. Much of the time, parents will share custody in some way. But, the court will identify one of the parents as being the primary custodial parent. Generally, the primary custodial parent is going to be the one that takes care of the child day to day.
Tasks of the primary custodial parent may include taking the child to and from school and providing meals. The primary custodial parent is also usually the parent that the child will live with. When the parents of a child are able to come to an agreement on their own about who will be the primary custodial parent, then the court does not need to get involved.
However, when a judge needs to make a determination, they will look at the following factors:
- Parent’s work schedules and lifestyles
- Parent’s abilities to provide necessities such as clothing, food and shelter
- The developmental and emotional needs of the child
- The relationship of the child with each parent
- Age of the child
While these are all important factors that the court will evaluate in making a decision on which parent will be awarded custody, the golden rule of how child custody is determined remains, “what is in their best interest?”
The Best Interests of the Child
While you’ve heard this term a few times now, it may still seem a bit unclear, but this is what courts require. The best interests of the child simply means the decision that is best to ensure the happiness of the child as well as their development and security. What is best for the child will always come before what a parent prefers in determining how child custody is determined.
How is Child Custody Determined in Non Divorce Cases?
Sometimes child custody cases arise from parents who were unmarried. In these instances, child custody is not connected to a divorce case. But this is not to say that disputes revolving around child custody are not uncommon among unmarried parents. In addition, disputes often also arise relating to the visitation rights of grandparents within non-divorce child custody cases.
In cases where parents were unmarried, the mother is generally awarded full custody. If the father chooses to try to receive custody of their child, they may do so. In the event that a child custody case among unmarried parents goes to court, it will be handled in the same manner as divorced parents.
We can Help if Trying to Receive Custody of Your Children
We understand how important it is to have custody of your children. It is not a matter that should be handled alone nor taken lightly. With the number of factors and complexity determining how custody is determined, seeking professional advice from our child custody attorneys would be a first step in the right direction.
To speak with a member of our staff about your specific custody needs, please contact us. We offer free consultations and are here for you.
