There are various elements considered when determining child custody during your divorce. It is essential to understand the evaluation process so you can know your chances of custody and prepare a strong case in your favor.
Here are five factors you typically see used when determining child custody.
If you are the primary caretaker for your child, this fact is a consideration when deciding custody. Additionally, if you spend significantly more time as your child’s caretaker, your chances of gaining custody tend to be higher.
Your physical and mental health are significant deciding factors in child custody. This factor speaks to your ability to take care of your child long-term.
Past and present alcohol and drug abuse can affect your chances of custody. You are less likely to win custody if you have a history of substance abuse.
Spousal and child abuse
You are less likely to obtain custody if there is evidence of domestic abuse. If you have a record of abuse against your child or spouse, your chances of child custody are likely low.
In many cases, your child’s preference for custody is a factor in the decision. The older your child, the more their wishes have weight in determining custody.
Determining the best interests of your child is the basis for child custody. Your ability to show that you can provide a stable, healthy, safe and supportive environment for your child will likely be the ultimate deciding factor in your child custody case.