Who Should Get Custody of a Child in a Divorce?
May 18, 2012 By The Law Offices of Andrew Farley, LLC
Child custody takes many factors into account a looks to determine what the best possible situation available is for the child. Which parent will they stay with, which school will they go to, how long will they be with each parent and who makes decisions for them are just a few of the questions that will need to be answered. For many, divorce is one of the most challenging moments of their life. That moment is only further complicated when it involves a child.
A marriage brings together various areas of a couple’s life and a divorce breaks apart many of them. For a couple that has parental rights of a child together, whether it is their biological child or an adopted child, they will need to deal with the issue of who now has control over the child. Sometimes this process can be somewhat easy when the couple already agrees on what they will do. They can choose to share joint custody of the child, bringing them to each parent’s house for different parts of the week. Other times one of the parents may believe their former spouse is more qualified to raise they child and they will willingly relinquish their rights over. While these are some of the best case scenarios to make a complicated situation less complex, it is more often found that the couple will disagree on who should look after the child and which party will have greater custody rights.
When a couple can decide on the terms of custody on their own, it will still need to be approved by the court. When they cannot decide on custody, then it will be up to the court to assess the situation and make the call on their own. A judge will do this by looking into several general factors, as well as the specific elements of that particular case. Their first concern is what will be in the best interests of the child. That is the most important influence in a child custody dispute and the judge will factor all other information through this consideration. Each state has their own way of deciding on custody but as a general rule of thumb there are certain aspects that will be looked into. One of the first things includes the capability of each of the parents to provide the right environment that the child needs.
In addition, can they provide for their emotional, physical and health needs as well? Also looked at will be the wishes of the child, including which parent they want to go with, what their attachment is with each parent and if they currently want to stay at the school and area they are involved in. If the child is already well adjusted to one area, the judge may make their ruling based on a desire to allow the child to keep as much of a familiarity as possible. The living situation will be looked into, such as is the home stable and suitable for a child to live in. The judge will also look into the mental ability of the parents to care for the child. If a parent seems to have trouble taking care of their own needs then it may be unfavorable for them to be given the responsibility of a child as well. It is also important to consider will the parent support the child’s relationship with the other parent or will they overtime begin to break down that attachment.
In cases where the child is older, the judge may place a much higher importance on the wishes of the child. If they are reaching the age where they are almost a legal adult, the judge can leave much of the call up to them, believing they are capable of this choice on their own. One important aspect that needs to be heavily weighed by a judge will be if there have been any allegations of abuse or neglect by one of the parties. If there have been any questionable instances, the judge will not want to put a child into a dangerous situation, especially if they will not be alone with the parent that may have been accused or convicted for illegal activity. Custody can be split between the two parents, or the judge may find it a better fit that one of them is given greater responsibility to care for the child. In some instances, the judge may only grant a parent visiting privileges, while the child remains with one parent on a permanent basis. Deciding on child custody is a life changing event that should always be done with extreme care and consideration. It is not only the parents that will deal with the effects of this step, but often times the child is the one that is influenced the most.
ABOUT THE AUTHOR: Andrew B. Farley
At The Law Offices of Andrew B. Farley, LLC, a capable Lexington, SC divorce attorney is admitted to practice law in every court in South Carolina, along with being the President of the Lexington County Bar Association. They have provided numerous clients with quality assistance to resolve their family law matters including child custody, property division and spousal support. They are available for those with an urgent problem and walk through the complicated issue of divorce from beginning to end. Contact a Lexington divorce lawyer from their office 24/7 or fill out a free case evaluation to get started.
Copyright The Law Offices of Andrew Farley, LLC
More information about The Law Offices of Andrew Farley, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
When a couple can decide on the terms of custody on their own, it will still need to be approved by the court. When they cannot decide on custody, then it will be up to the court to assess the situation and make the call on their own. A judge will do this by looking into several general factors, as well as the specific elements of that particular case. Their first concern is what will be in the best interests of the child. That is the most important influence in a child custody dispute and the judge will factor all other information through this consideration. Each state has their own way of deciding on custody but as a general rule of thumb there are certain aspects that will be looked into. One of the first things includes the capability of each of the parents to provide the right environment that the child needs.
In addition, can they provide for their emotional, physical and health needs as well? Also looked at will be the wishes of the child, including which parent they want to go with, what their attachment is with each parent and if they currently want to stay at the school and area they are involved in. If the child is already well adjusted to one area, the judge may make their ruling based on a desire to allow the child to keep as much of a familiarity as possible. The living situation will be looked into, such as is the home stable and suitable for a child to live in. The judge will also look into the mental ability of the parents to care for the child. If a parent seems to have trouble taking care of their own needs then it may be unfavorable for them to be given the responsibility of a child as well. It is also important to consider will the parent support the child’s relationship with the other parent or will they overtime begin to break down that attachment.
In cases where the child is older, the judge may place a much higher importance on the wishes of the child. If they are reaching the age where they are almost a legal adult, the judge can leave much of the call up to them, believing they are capable of this choice on their own. One important aspect that needs to be heavily weighed by a judge will be if there have been any allegations of abuse or neglect by one of the parties. If there have been any questionable instances, the judge will not want to put a child into a dangerous situation, especially if they will not be alone with the parent that may have been accused or convicted for illegal activity. Custody can be split between the two parents, or the judge may find it a better fit that one of them is given greater responsibility to care for the child. In some instances, the judge may only grant a parent visiting privileges, while the child remains with one parent on a permanent basis. Deciding on child custody is a life changing event that should always be done with extreme care and consideration. It is not only the parents that will deal with the effects of this step, but often times the child is the one that is influenced the most.
ABOUT THE AUTHOR: Andrew B. Farley
At The Law Offices of Andrew B. Farley, LLC, a capable Lexington, SC divorce attorney is admitted to practice law in every court in South Carolina, along with being the President of the Lexington County Bar Association. They have provided numerous clients with quality assistance to resolve their family law matters including child custody, property division and spousal support. They are available for those with an urgent problem and walk through the complicated issue of divorce from beginning to end. Contact a Lexington divorce lawyer from their office 24/7 or fill out a free case evaluation to get started.
Copyright The Law Offices of Andrew Farley, LLC
More information about The Law Offices of Andrew Farley, LLC
View all articles published by The Law Offices of Andrew Farley, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
