What the Courts Look at During Custody Cases

An Overview of Different Factors Courts Consider While Taking a Decision About Child Custody

Fighting for custody of your child? Not sure how to move ahead? If these facing this dilemma then information we will be sharing here will help you move in the right direction.

Factors Related to Child Custody

Few of the important factors courts take into consideration when they have to decide about child custody are:
custody lawyers• Specific preferences of child if the child is more than 13 years old
• Parent’s wishes.
• Physical as well as mental health of involved parties.
• How well child is able to adjust to environment at home, at school and within the community?
• Is there any history of violence against any of the parents?
• How is the relationship between parents and the child?
• Environment within the home that both the parents will be able to provide.
Apart from the above, court may well consider other aspects also to ensure child receives best upbringing. As such, by consulting custody lawyers you will be able to properly understand your position when decision will be taken about who will have custody of the child.

Types of Child Custody

Let us now go through details of two main types of child custody that courts decide about.

Joint Custody

Court decides about this type of custody in case relationship between parents is still quite good and they will cooperate with each other to ensure child’s best interest.
In joint custody all major decisions affecting the child are taken together by both parents. Here the child lives with the custodial parent while the other parent has visitation rights and is known as non-custodial parent. By consulting custody lawyers you will be able to get a clear idea about whether you will be eligible to become the custodial parent for the child.

Sole Custody

As the name suggests, here the custodial parent will not have to consult the other non-custodial parent to take important decisions related to child (such as use of certain medical procedures when necessary and similar other critical decisions).
However, this does not mean that the other non-custodial parent will not get any information about the child. On the contrary, the other parent will have access of all required information and will be able to spend time with the child. The main factor here will be that the non-custodial parent will not be consulted when important decisions will be taken.

Child Custody and Child’s Best Interest

Court will examine different aspects of your as well as your partners life to judge what would be in child’s best interest. 
Moreover, court may well ask outside third parties to suggest steps which will ensure child’s best interest is ensured. Few of the steps court can take in this regard include:
• Appoint GAL or Guardian Ad Litem to provide a report on which parent should receive custody of child.
• Check both parent’s home to ensure conditions are suitable for the child to live there.


As we can see there are many complexities involved in a child custody case and you need to consult custody lawyers to get the right advice on how to move ahead and secure custody of your child.
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