10 Factors That Affect Child Custody Battle
Divorces are hard enough, but they can get even more emotionally draining, when there are children involved. Child custody is a bitter pill a lot of parents have to swallow, but that’s typically what needs to be done so follow the advice of your child custody attorney. Here are some key factors that can affect the child custody battle, either positively or negatively.
What The Parents Want
Parents can create a highly confusing situation when it comes to custody battles. Both of them are usually stubborn and both want the sole custody of their child/children and that’s not a good way to go about things. The court needs to look into the itty-bitty details of who exactly is the better choice for the child, in the long run.
Relationship Is Important
This can be between the parents as well as between the children and each of the parents. It’s important that, during child custody battles, parents remain on friendly terms and don’t let their emotions get the best of them.
The sole relationship of the child with each parent is also necessary to evaluate because, at the end of the day, the court wants the child and the parent, who’s been given custody, to get along better. After all, that’s going to be the life of the child in the future so these decisions are crucial to make.
The parents, on the other hand, shouldn’t resort to vices and the blame game, especially in front of the child because that can impact the child’s thinking negatively and you don’t want him/her to think that something bad is happening.
Of course, there are going to be times when one parent just can’t take it anymore and need an outlet to let out all of the pent-up frustration. But it’s better that you don’t exhibit this in front of the children and the court, otherwise you’ll be the one getting the short end of the stick.
Wishes Of The Children
Children also have certain wishes, and while they’re not always reliable sources, it’s still something the judges keep in mind. Children can also be emotional and they tend to throw tantrums about staying with one parent and that can be really hard for the law to come up with a decision that’s better for children who don’t want to listen.
This is where sources and claims from social services come in handy. They will be a reliable source of information and they can really break down the behavior of each parent with the child and then the judge can make a decision, based on these facts.
The Physical/Mental State
There are circumstances where one parent might be disabled or suffers from a disorder that doesn’t allow them to fully take care of the child. Although the court doesn’t fully rule that parent out of the custody just based on the disability, it can be a hard thing to deal with especially if taking care of a child on their own is going to add to the baggage.
The same goes for children as well. If your child has a mental or physical illness that can be hard to deal with, then the court needs to make a decision based on the fact who can take the best care of the child.
The Eagerness Of Parents
Eagerness is also a huge factor that can affect the child custody battle. There are times when parents tend to put their differences aside and work together for the betterment of their child’s future, but other times, they might not be as cooperative.
Let’s say that one parent is getting custody of the child, then it’s their duty to allow the other parent decent visitation hours. Sometimes, people can use custody as a way to get back at their partner and you definitely don’t want to do that. So, avoid this and involve your family lawyers Fairfax VA to create visitation hours for the other parent.
Needs Of The Children
Children, especially when they are young, have needs like education, food, medical aid, leisure, entertainment, and more. These are the primary needs of a child that have to be fulfilled by the parent who’s getting full custody.
The court needs to ensure that the parent getting custody is capable of providing all of these things, without any problem, for the long haul. The court doesn’t expect the parent to go all-out on fulfilling every wish of the child, but the primary ones need to be fulfilled without any problem.
Financial Status Of Parents
This factor ties in with the previous one. The court will also have a look at the financial standing of both parents before giving over the custody of the child/children because this is not something that can be done blindly. The court wants to make sure that the parent they’re handing custody over to is capable of handling all the expenses of their child.
Most of the time, the parent with a more stable career and more income is selected for custody, given that there aren’t any allegations of abuse or neglect against the said person.
The Readjustment Of Children
A divorce is not only hard for the parents, but it’s equally as difficult for children as well. One minute, both of their parents are in the picture, and the next, they’re gone. The court and the parents’ main priority is to ensure that there are little to no changes in the lifestyle of the children, even if they are going through a divorce or separation.
The court will definitely look over the adjustment of the child and where they can adjust and settle the best, after the drastic turn of events.
Primary Attachment Of Children
This one is a no-brainer. Children, especially young toddlers, have an attachment to one parent more than the other. There is nothing wrong with that, but this is a factor that goes into consideration.
There is one parent that is present in the child’s life at all times, whether it’s the mother or father. That parent knows the routine of the child, the likes and dislikes, and ways to comfort him/her, more than the other parent. So, naturally, the child will be attached more to the parent who’s present in his/her life and this can make child custody battles all the more harder.
Allegations On A Parent
Lastly, there can be different grounds for divorce. A lot of the time, it’s an amicable separation, but other times, there can be huge allegations against one parent and these can be based on violence, abuse, neglect, and more. This is a very serious allegation and the court needs proof to back up the claims.
If one parent is neglecting or abusing the child and the other parent, then they have no choice but to file for divorce and keep the child away from the other person, as soon as possible.
It’s extremely important to be knowledgeable about things that can make or break a child custody case and you can use these factors to your advantage. Knowing these things will make you see things from a different perspective and handle your emotions better when it comes to custody of children. Lastly, have a good child custody lawyer Fairfax VA on your side to win the custody battle.