Parents are often concerned they might not get enough time with their kids after a divorce. Some courts award partial custody to both parents, while others might award full physical custody to one parent and shared legal custody to both parents. The decisions judges make depend on the well-being of the child; however, the court will look at several factors to make that determination. Here are 3 potential things that could influence a judge’s decision.
Quality of Relationships
The court will take into consideration each parent’s relationship to the child. If a child is more comfortable with one parent, it could influence the court’s decision regarding custody. Likewise, if a parent doesn’t have time for the child or doesn’t want to see the child, this could also change the decision.
If a parent has a criminal record, is involved with drugs, or has a bad reputation, a judge might decide to award custody to the other parent. This decision doesn’t necessarily reflect on the fitness of the parent to be a good influence on their child, but instead, the likelihood the parent has to stay in the child’s life. A person who has constant run-ins with the law is more likely to get arrested, which means the child will be living an unstable life. Stability is the key to most child custody decisions.
In some cases, a child’s preference is taken into account. Depending on the state, judges might interview kids to get a feel of their opinion. Alternatively, the judge could appoint a custody evaluator to speak with the child. The views of the kid will have more weight if he or she is of sufficient age, usually 14 years or older. However, the child’s preference might be put aside on behalf of his or her own best interests.
If you’re getting divorced, talk to one of our skilled Dayton divorce lawyers about your case. Our experienced lawyers can offer you seasoned and compassionate representation as we work towards helping you meet your legal goals. Let us see what we can do for you and your family.
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