3 Factors That Determine Custody In Most States
Divorce is not an easy process. Unfortunately, when children are involved, divorce can be quite eventful. If you are considering or starting the divorce process and have children, determining a custody agreement should be high on your list of priorities. With proper understanding, patience, and compassion, you and your ex-spouse can divorce in a way that does not negatively affect your children. Using this guide, you will learn a few key factors that help determine child custody agreements.
Parental Physical and Mental Health
As a parent, you should want the best care for your child. Therefore, if you believe your ex should not have custody for some reason because of their health and wellness, make this known to your attorney immediately. If your ex has been abusive or is currently suffering from an addiction to drugs or alcohol, they are not fit to care for your children.
You and your ex-spouse's health will matter when the courts are deciding how custody of your children is divided. If you are not physically or mentally capable of caring and supporting your child, the other parent will have more custody.
Professional Obligations of Parents
You should not be punished for having a career. However, if you have a lot of work obligations, you may not be the best person to have the majority of custody - As long as the other parent is physically and emotionally capable of providing this care.
If you are required to work long hours or you have to travel a lot for your career, the other parent may be the better option for having the majority of custody. Again, this is not a punishment for having a career, but you need to keep your children's best interests in mind.
Parental and Child Wishes
If you and your ex-spouse agree divorce is the best option for your relationship, you may also be able to agree on the custody of your children. Fortunately, the courts will take you and your ex-spouse's wishes into consideration when determining custody.
Many couples agree joint custody is a great compromise, since it allows both parents equal time with the children. Joint custody also allows you and your ex-spouse to make decisions related to the care of your children.
Your children can also have a say in where or who they spend the majority of their time with depending on their age and certain circumstances. If your children are closer to one parent or they feel a closer bond with one over the other, this may be taken into consideration if the judges have to set custody.
Every case is different, so consulting your attorney is best if you have any questions regarding your divorce and the custody arrangements.