Do the wishes of a child have any influence in custody decisions?

A 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.

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Does religion enter into the determination of child custody?

As 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.

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Does an extramarital affair have an impact on custody?

An 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.

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If one parent is in homosexual relationship, how does this affect child custody?

When 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.

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Criminal Convictions Impact on Child Custody Cases

A 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.

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