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What Factors Determine Who Gets Custody?

Typically, courts will award custody to the parent that can better supply the child with the things he or she needs. The child’s best interests are the top priority. They base this decision on many factors, including:

· The parent’s physical and mental health
· Emotional bonds between the child and each parent
· The parent’s lifestyle
· Parents’ history of child abuse or neglect
· The quality of the child’s life in the current situation
· The child’s preference, if the child is over 12 (usually)
· The parents’ willingness to foster a healthy relationship with the other parent
· The parents’ working hours
· The child’s established life and necessary changes (school, church, etc.)
· The parent’s ability to give the child guidance.
· The home environment
· The impact each environment may have on the child’s future education
· The parent’s ability to provide the child with basic needs

When both parents are able to provide the above nearly equally, courts will focus on who can provide the most stable and safe environment that will foster the healthiest growth.

This often means that for younger children, the parent who has supplied the child with its basic needs may get custody more often, while for older children, custody often goes to the parent who can best foster continuity in the child’s life, including relationships, schools, and religious institutions.

All of the above factors can also heavily influence visitation rights, or partial custody for the parent who was not awarded custody, if any are given.

Please contact us today for a free consultation with an experienced divorce attorney who can inform you of your options, and legal rights, and help you plan the best course of action.

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