Top Ten Child Custody Questions

Child custody cases are sometimes complicated, and always require a good working knowledge of family law. When facing a child custody issue, you will probably have several questions.

1. What Factors Do Courts Consider When Determining Child Custody?

Courts largely base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Some examples of this includes:

  • The health of each parent, both physical and mental;
  • The special needs of the child, if any;
  • The child’s own wishes if they are old enough to say so;
  • Whether there is evidence of illicit drug use, or drug/alcohol abuse; and
  • Adjustment to the community, such as where they go to school, proximity to other caretakers, etc.

Factors vary from state to state, but courts will generally determine the stability of each parent’s home environment, and their interest and commitment to caring for the child. The overall goal is to make a decision that promotes the health and wellbeing of the child.

Some states favor joint or shared custody, and others prefer that one parent is the primary custodian while the other has visitation rights. Depending on the circumstances, your case may result in sole or shared custody.