It can be difficult to determine the outcome of the court case when you go through a divorce. Every case is different and a court will keep that in mind when they are making decisions for a custody agreement. There are several different custody considerations that will substantially impact the final outcome of a divorce case. It is crucial to consult with a divorce attorney when you are going through a divorce involving children. This will go a long way toward ensuring the superior outcome for your custody case.
A court will certainly take the wishes of a child under consideration during a custody case. The amount that they will take this under consideration will depend largely on the age of the child. When the children are older, the court is likely to interview the child in order to determine their wishes and preferences for the case.
The Parents’ Wishes
The wishes of the parents are another thing that the court will consider regarding the custody arrangement. If each parent decides to pursue joint custody, the case will often be much simpler. However, if one parent wants sole custody, it is possible that the case will become more complicated. Visitation rights and custody schedules will often be arranged according to each parents’ wishes, depending on the specific situation. If you are going through a contested divorce rather than an uncontested one, it will be vital to consult with a divorce attorney to guide you throughout the process. This can help to provide you with the ideal custody arrangement for your particular situation.
Continuity and Stability
Divorce is a difficult time for the entire family. This only becomes more difficult on a child when it causes a substantial amount of disruption to their regular routine. Due to this, a court is highly likely to consider a situation that will provide a higher level of continuity and stability for the child’s life. This will go a long way toward easing the process for a child and minimizing substantial disruption to their life. A situation that allows them to attend the same school, see the same friends, and even live in the same house, is likely to be a solution that the court will be more favorable toward.
Past Instances of Abuse
A major custody consideration involves past instances of abuse. If either parent has ever been accused of or charged with abuse, violence, or neglect, it will substantially impact the decision of the court. The history of each parent will be looked at carefully when the court decides on a custody arrangement.
A child that has special requirements or needs will be a large consideration for a custody arrangement. The court will take care to ensure that the parent that is given custody is capable of handling all of the child’s specific needs. The parent will have to be able to provide the necessary medical care and the specific support that the child needs.
Age of Children
The age of the children is another consideration that a court will likely take into account. Children at different age groups or stages of development will be have different requirements for their daily life. This is often why courts consider the age of the children. It is also important to note that the wishes of the children will likely have a larger impact when the children are older.
The extracurricular activities that the child engages in will be another factor that the court will consider. This is because their extracurricular activities often have a substantial impact on their life and their success. If there is a situation that will allow the children to regularly engage in their regular extracurricular activities, it is highly likely that the court will take that into account when they make a final decision.
The friendships and relationships of the children will often have an impact on the final court decision. When going through a difficult divorce, it will be important for the children to be able to retain their relationships with their friends. Minimal disruption to their life is often key when a court decision is made regarding the custody agreement.
Quality of Relationships
A court will also examine the quality of the relationships that the children had with each parent before the divorce. Having a good relationship with the child is likely to have a huge impact on the overall decision of the court. The court will also look at how willing each parent is to work with the other, even if they aren’t awarded custody. Paying child support, working out a visitation schedule that works for both parties, and many other factors are often considered during a custody case.
Mental and Physical Health of Each Parent
The court will certainly take the mental and physical health of each parent under consideration prior to making the final decision. If the court doesn’t think that a parent will be able to adequately care for the children, they are unlikely to award custody to that parent. Ill health, whether mental and physical, will put a parent at a disadvantage for obtaining custody.
Education is extremely important. The court will take the education of a child under consideration when they are determining custody. In many situations, they will try to provide a solution where children will be able to remain in the same school district with their friends. However, if the child is not yet in school, this will be considered in a different manner. This is another way in which the children’s age will impact the decision of the court.
Custody considerations will significantly impact the final outcome of a divorce process. It is critical to ensure that you work alongside a divorce attorney when you are going through a divorce. There are many benefits to a divorce attorney, whether you are going through a contested or uncontested divorce. Our expert team at the Rocky Mountain Law Office is dedicated to providing you with the legal services that you need to obtain the best possible outcome for your divorce. To learn more about the importance of a divorce attorney or important custody considerations, contact us at the Rocky Mountain Law Office today!