Child custody is a sensitive case, especially when both parents come up with
a logical argument. Usually, the court takes the best decision by considering
the child’s best interest.
It means they first give priority to the young
children's choice, what they want actually, with whom they want to stay. While
giving child custody, the court needs to consider many factors how will they
handle the custody case.
The factors which are used to determine in Custody Case:
There are some primary factors which are determined in a custody case. These
factors help the judge to follow or come up with final decisions:
- Young children’s age. Usually, the age limitation is 18 age to 21 age.
The court will consider any alternative arrangement as the children grow
older day by day while the custody case.
- In the case time, the court wants to know both parents’ financial
condition also with their interest that if they're going to keep their
children with them or not. It means the wishes of both parents will also be
considered in the court decision.
- The court will also notice the relationship between the young children
and each parent.
- The mental and physical health condition of each parent will be
considered in the case time.
- The court will want to know that if each parent support or facilitate
the relationship with children and with the other parent.
- If there are any past incidents of neglect, abuse, or violence from both
Most Important Factors in Child Custody
There are also some other factors which are considered in the children custody.
Those are followings:
The wishes of the parents:
The court will ask both parents after divorcing that who want to take full
custody of the young children. It may be a difficulty for the court decision
when both want to take the custody, and it will be an easy decision for the
court if one parent will receive full custody. So, in this case, the court will
only consider the parents wishes in this decision.
The wishes of the children
Though the court does not put much pressure on the young children, but they
always want to give priority to the child’s intentions that what their
preference is and with whom they want to live. But if the court notice that the
children choose that parent where is a high chance in spoiling then the court
will make a different accommodation for the young children.
In short, the court will consider the children’s age while taking any decision
and also will notice their wishes.
The relationship between Children and Each Parent
The court will first notice the relationship between the children and with each
parent. If the court finds out that the young children are more feasible with
one parent and also have a strong relationship with that parent, then the court
will allow the full custody on the favor of that parent.
The court will consider awardee other parent visitation rather than custody, and
that parent will have to pay the child support also. In this way, the court will
give priority if the relationship between the child and with both parents.
Mental and Physical Health condition of children and parent
If one parent is physically disabled and is unable to take care of the young
child, then the court will decide something different. The decisions of the
court will be considered based on the disabled parent, partial custody, or
visitation or child support. If one parent is mentally disabled, then the court
will give full custody to the other parent with child support consideration.
The required adjustment
The court will verify how much the child needs to adjust in their life after the
divorce of their parents, with whom they feel comfortable living, what they want
after their parent’s divorce. The court will make this judgment on the base of
this adjustment process.
Allegations or neglect
When the court notices any neglect from any side of the parent, they will
reconsider the child custody. If any claims of the from the child or any parent
come true, then the court will decide how to arrange the custody.
It is challenging to predict how the custody will take place and how the case
will be resolved. Most of the time, the court wants to give the decision for
both parents in a joint arrangement. The court will make the decision that will
allow the child so that they can grow in a healthy environment.
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