In family law matters, we can help you make decisions that keep your short- and long-term needs in mind.

Photo of Lance Simon and Richard Pagnotta.

5 factors that influence child custody in a divorce

On Behalf of | Jun 20, 2022 | Child Custody

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.

Caretaker status

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.

Parent’s health

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.

Substance abuse

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.

Child’s desire

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.