How is Child Custody Determined?

Child custody is a major issue in a divorce. You may be worried about not having enough time with your children and the prospect of a weakening bond. However, it is important to note that family courts believe maintaining a meaningful relationship with both parents serves the best interest of a child. Unless there are confirmed incidents of abuse, for example, you are likely to still play a big part in your children’s lives. That said, one parent will generally have more time with the children and will be selected as the custodial parent. Continue reading to find out which factors a judge may examine when determining child custody.

Child Custody and Divorce

Best interests in the context of a child custody case cover a vast range of factors, each of which is reviewed by a judge before determining a decision.

Here are some of the factors that fall under that umbrella:

  • Confirmed allegations of domestic violence, neglect, or abuse
  • Character witness opinions of each parent
  • If the children are old enough, their wishes may be considered
  • Each parent’s ability to provide for the children, including their medical needs, physical needs, and emotional wellbeing
  • In what ways the children may be affected by continuing their current arrangement or a new arrangement
  • Each parent’s wishes
  • The living accommodations of each parent
  • The overall well-being of each parent
  • How willing each parent is to support one another’s relationship with the kids
  • If either parent served as the primary caregiver for the children up to this moment
  • If either parent made false accusations of neglect or abuse
  • The ages of the children in question
  • Any other details that may be important when rendering this decision

As a parent, it is important for you to exhibit a willingness to cooperate with your co-parent, so try to avoid turning your custody case into a hostile dispute. Be open to communicating, never badmouth your ex in front of your children, and this process will go smoothly for your family.

Speak to a Skilled Attorney About Your Child Custody Case Today!

Your children mean the world to you, so if you are pursuing custody, it is essential to hire an experienced attorney as soon as possible to ensure the best possible results. At Family Law San Diego, our legal team has more than 200 years of combined experience. You can rely on us to provide compassionate legal support during this emotionally challenging time.

Call our law office today at (619) 577-4900 to set up a consultation with a member of our team.