In every state, the child’s best interest is considered in determining custody cases. Coming up with what’s seems best is a matter at the judge’s own discretion. One of the million-dollar questions that linger in the minds of parents who have decided to quit their relationship is who gets the children’s custody. While this is hard to predict whether the judge may rule the case for or against you, having a family law lawyer Chula Vista to advise you can help you win your child custody battle. The lawyer can give you the criteria used by the judge to come up with an appropriate child placement.
Factors Considered When Deciding The Nature Of Child Custody Arrangements
It doesn’t matter whether both parents have good intentions for their children; the judge has to decide what’s best by:
- The child’s age: While there is no definite rule to allow children to choose their custody. The California court assumes that any child above the age of 14 years old can express why they prefer to stay with a particular parent over another. The judge can also determine whether the child will be affected by the change of the status quo.
- The parents’ physical and mental health: A parent with psychological issues may have difficulty taking care of the children. However, some with physical health can still care for their children as well as a healthy parent.
- The ability of the parent to provide the necessities of life such as food, shelter or medical care
- The bond between the parent and the child: The court can determine who is concerned with the psychological and physical wellbeing of the child. For instance, a parent who focuses on how kids feed, bath, or does their homework may win the child’s custody.
- History of domestic violence or abuse from the parent: The court is always interested in the child’s safety. They deny custody from the parent who seems to compromise the child’s safety.
If the above does not seem to hit the judge’s target, the court will mostly give custody to the parent who appears to provide a stable conducive environment for the child. This is the parent who seems to foster good care and cultivate the child’s education or religious matters. In the case of small children, the court assumes that the mother is the primary caregiver, especially to the nursing babies. In some instances, the parent who spends more time at home can be granted custody. This is to ensure the stability and continuousness of the children life is not affected.
Winning The Child Custody Battle
While the above may be used to determine the best child custody, each state has its own criteria. A family lawyer can guide you on what to expect in your custody hearing. If you need to win the child custody, one way to do this is to make sure your living situation is reflective of that. But, every situation is different; therefore, the judge may have a different ruling, depending on your case’s circumstances.