If both parents cannot decide about the child after the divorce, it is a brainstorming situation. In such a condition, the family court makes the final decision after allowing parents to present their case. Judges have complete freedom to make a decision based on their understanding. If you are getting divorced and a child is involved, several factors impact the final decision. Thus, you need best lawyers from The Harris Firm, LLC. In this article, we are going to discuss the top 5 factors impacting the court’s decision. So, here we go!
Factors judges consider when deciding the child custody case
1. Parent’s role before the divorce
A parent who has not previously been involved in their child’s life will not be granted custody by a judge on short notice. Parents with a history of making important decisions for their children and spending time with them have a higher probability of being granted custody. A family court judge strives for maximum stability and avoids making significant changes unless absolutely necessary.
2. Parents’ mental and physical fitness
In order to handle the child’s custody, the parents need to be physically and mentally fit. Judges closely evaluate the parents’ fitness, providing a stable and nurturing environment for the kids. Some major factors included are the parent’s physical and mental health, parenting skills, history of domestic violence and substance abuse and ability to meet all requirements of the kid.
3. Child’s relation with the parents
Before making the final decision, the judges closely examine the relationship between the child and the parents. If the court notices an unpleasant relationship with any of the two parents, custody is offered to the other parent. If the parent has a history of domestic abuse, it is a major factor which is considered.
4. Physical location of the child and parents
The goal of the courts is not to put children in difficult situations by making them frequently travel great distances between their parents’ houses. They understand that kids have to go to school, have time to be kids and enjoy life. Judges will not wish to place children in emotionally or physically stressful situations. A judge might devise a plan that minimizes travel time for one parent so they can spend more time with the child if they live far away.
Wrapping Up
Beside all these factors, the child’s preference is asked. Based on the child’s preference, the judge makes a decision about the child’s custody.