In many cases, women are awarded custody of the children. However, many people think that women are always automatically awarded custody of the children. However, times are changing. More men are getting custody of their children. There are several things that the court takes into consideration before awarding custody.
Who is the Primary Caregiver?
The court considers the primary caregiver to be the one who can be care for the child. The primary caregiver is able to meet the basic needs of the child. This includes things such as bathing, feeding, taking the child to the doctor and putting the child to the bed. These responsibilities are often shared between the two parents.
However, in most cases, the mother spends more time with the children than the father does. The court looks at who is performing the most tasks for the children.
The Parents’ Wishes
The court may take the parents’ wishes into consideration when awarding custody. However, problems can arise if both parents want to get full custody of the child. That is why the court will have to decide what is best for the child. If the divorcing couple can come up with an amicable agreement before they go to court, then the judge may honor this.
The Childrens’ Wishes
The court usually does not put a lot of weight on what a child has to say because they are minors. Children often do not know what is best for them. In some cases, children may prefer to stay with one parent because the parent spoils them or is more lax. The age of the child is something else that the court will take into consideration.
The Parents’ Relationship With Each Other
The judge will take the type of relationship that the parents have from each other into consideration. If a parent has tried to damage the relationship that the child has with the other parent, then this may be used against them. That is why it pays for people to try to keep things civil with the other parent.
Physical and Mental Health of the Children and the Parents
If a parent is disabled or have a serious mental or physical health problem, then they will likely have a harder time caring for the child. The court may decide to award custody to the other parent. The child’s mental and physical health will also be taken into consideration. Many people cannot handle caring for a physically or mentally-disabled child full-time.
Parents Living Accommodations
The judge wants to make sure that a child lives in a place that is safe neighborhood and a clean, well-managed home. The court will also look at how close the neighborhood is to schools and parks. The judge wants to cause minimal disruption to the child’s schedule.
Abuse and Neglect Allegations
Most people are well aware of the fact that abuse and neglect can greatly reduce their chances of getting custody. Abuse and neglect allegations can also affect custody. Even if a parent did not abuse or neglect a child, the allegations may stop them from getting custody. However, if a parent makes up false abuse and neglect allegations about the other parent, then this can be used against them.
Dealing with child custody issues can be a difficult thing. You can call our law offices today and schedule a consultation with our best divorce attorneys. You can contact us at one of the following offices.
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