What Factors are Considered When Determining Child Custody?

Child custody is a term that refers to the legal decision-making rights and responsibilities associated with a person’s children. When two parents split, custody is one of the main issues that need to be worked out between them. It is advised to hire an experienced divorce attorney to represent you if you want to get custody of your child. You can easily find the best attorney by entering “Milwaukee divorce attorney near me” on your search engine.

Various factors contribute to how courts decide who gets custody of the children. The court will want to come up with what is best for the child, and this can depend on many things such as the parents’ financial situations, living arrangements, and their ability to get along with each other. There are also occasions where an outside party may be asked by a court to take care of a child.

In deciding who will get custody, the court will generally consider all factors relating to the child and their parents. These can include:

  • Distance to school

The distance that the child needs to commute to and from school is very important, especially in cases where children who have been homeschooled will have to join a formal educational setting. This is because it may not only be inconvenient for the child to attend school every day, but they also might feel as though they are unable to keep up with the other students due to their limited social interactions and experiences.

  • The child’s wishes

Some children are old enough to express their own views on what would be best for the family. This can happen through an interview with the court or by a child writing his or her wishes down. 

  • Safety of the child

A court may consider whether a child’s home is a safe place and whether they would be able to receive adequate medical care if needed. The court may also consider whether the child has experienced any abuse or neglect in their current home environment. Although no one wants to be uprooted, it is far better for a child to live in an unsafe environment than continue living in a home where they are being abused or neglected. 

  • Mental and physical health of the parents

The court will want to make sure that the child’s physical and mental well-being are sufficiently guaranteed. If either parent has a history of substance abuse, drinking or drug use in front of the children is likely to have an effect on whether custody is awarded. 

  • Criminal records of the parents

A court will want to see if there are any criminal records of either parent. This is because the courts feel that a criminal record can adversely affect the child in the future. A criminal record may also show that a parent has not taken responsibility for their actions, and as such may not be able to properly provide for their children.

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