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Courts consider a number of different factors in deciding child custody. Depending on the age of the child or children in question, the child’s opinion may be one of those factors. However, it will not necessarily be a determining factor in who gets custody of a child.
→ Read MoreA number of factors go into determining what child custody arrangement should be made when the parents of a child are no longer living together. While the input of the child and the child’s desires may be one of the factors considered in certain instances, it is not generally going to be the deciding factor.
→ Read MoreIn a custody dispute, if one parent is mentally ill, the court will assess whether that mental illness impacts his or her fitness as a parent. If it does, that parent may be awarded limited visitation rights, or even denied access to the child unless or until he or she gets help and becomes fit to parent.
→ Read MoreAllegations of domestic violence are almost always relevant in child custody proceedings, especially when the violence is directed towards or occurs in the presence of minor children.
→ Read MoreAs a general matter, the religion of one parent or the other does not enter into the decision regarding child custody. In fact, religion really should not be considered by the court in most cases, as the United States is founded upon the premise of freedom of religion, a freedom that is protected in the Constitution. However, while religion generally cannot be a deciding factor, there may be certain instances where religion is one consideration that the court thinks about when assessing custody.
→ Read MoreAn extramarital affair might have an impact on custody, but only if it in some way impacts the court’s determination regarding what is in the best interests of the child. An affair alone will not disqualify you from obtaining custody or visitation, but it also will not help you to convince the court that you are a solid, stable and responsible parent.
→ Read MoreCourts encourage separating parents to make a child custody or visitation plan on their own without judicial intervention. This plan may be made through the parents working together with the help of a licensed mediator.
→ Read MoreWhen a court is asked to determine child custody, they will do so by looking at the best interests of the child. In order for them to make a change to the custody agreement, there generally must be some material change in circumstances that affects the court’s view of what is best for the child. If your ex is living with someone without being married to that person, then this may be viewed as a material change in circumstance and may be grounds for a change in the custody arrangement. This is true whether the person your ex is living with is a same-sex partner or not.
→ Read MoreA person with prior criminal convictions may find that those prior convictions become a factor in subsequent child custody proceedings. A family court judge typically has broad discretion to make custody orders that are in the best interest of the minor children. Certain types of criminal convictions will absolutely have an impact on child custody proceedings while others types of convictions may be considered.
→ Read MoreWhile ordering child custody arrangements, a judge may favor a parent who is more likely to encourage frequent and ongoing contact with the other parent. Parental alienation varies in the degree of severity measured by the behavior and attitude of the parent and the minor children. The severity can amount to nothing more than referring to the other parent by a derogatory name, or it can be as devastating as an intentional campaign to destroy the children’s relationship with the other parent. In extreme cases, the alienation leads to a condition known as parental alienation syndrome (PAS), which can have a devastating long-term impact on minor children.
→ Read MoreFind the right lawyer for your legal issue.
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