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Child-Custody

Court Discretion in Child Custody Determinations

Child custody issues may be present in divorce, legal separations, court actions for domestic abuse and many other legal disputes. In matters of child custody, sole discretion is up to the divorce court. Parents may be able to work with family law attorneys to negotiate child custody arrangements, but the family court must approve.

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Best Interests of the Child

In child custody proceedings, the courts typically use the legal standard of the best interest of the child to determined custody arrangements. Some of the factors courts consider in determining the best interests of the child include:

Wishes of the parents
Child’s wishes
Relationship between the child and parents, siblings and other persons who may significantly affect the child's best interests
Child's adjustment to his home, school and community
Health of all individuals involved
Financial situation and which parent was the primary caretaker during the marriage

Differing Courts

Courts vary in judgments on the best interests of the child. Various jurisdictions hold differing opinions on what factors are important and on how much weight to give each one. Attorneys familiar with the judge and court can explain which factors will likely be most important in your case.

When both parents are found equally fit for child custody, the wishes of the child may be given greater weight, particularly if the child is older. A court may also award joint custody or shared custody.

Parent Misconduct

A spouse at fault for the marriage's dissolution is typically not denied child custody, but some courts will evaluate whether such conduct will affect a spouse's ability to provide for the child's best interests.

Improper conduct by either spouse, either during a marriage or after separation, can be a factor in a child custody case. Anyone involved in a custody dispute should be aware that his or her life will be under close scrutiny.

Custodian Responsibility

The custodial parent given legal custody makes decisions regarding the child's upbringing, including education, health care and religious training. Parents may be awarded joint legal custody, which allows the both parents to share in these decisions.

Parents with physical child custody make day-to-day decisions in the child’s life. If the parents are given joint custody, each parent makes these decisions when the child lives with him or her.

The custodial parent doesn't have unlimited authority. A noncustodial parent can petition to modify child custody if a situation arises that impacts the safety or well-being of the child.