Determining Custody of a Child During a Divorce

People marry their spouses with the expectation of living and caring for that person for the rest of their life. They make plans and set goals based on the intention that they will be together forever.

Sadly, this does not always work out the way the couple planned it. Couples today often find themselves suddenly going through a divorce. In fact, some studies suggest that half of marriages in America now end in divorce.

Many of the divorce cases involve children. Having children involved in a divorce can be difficult for the children and should be handled with care. The divorcing couple must decide how custody of children will be divided. This can be difficult and often the cause of bitter battles. If the spouses cannot reach a mutually satisfactory conclusion, then the court will determine custody for each child.

The court will determine what the best interest of the children are by taking in to account:

  • Child factors. There are many factors that the court will consider involving the children. They include the children’s ages, the children’s genders, and each child’s physical and mental health.
  • Parent factors. It is important that the court takes into account factors involving the parents. The parent’s life will determine the best interest of the child. Some of the factors will include the parent’s lifestyle, ability to give the child guidance, ability to provide basic necessities, emotional bonds with the child, and the parent’s physical and mental health.

Other factors may be considered, depending on the circumstances. For instance, the court may take into account the child’s personal preference, if the child is old enough.

If you are going through a divorce, it is important to seek help. An experienced family law attorney will be able to fight on your behalf. To learn more about your legal options and how we can help, call 757.625.1214 today.