Factors Used To Determine the Custody of Children | Allan Brandon Tise, PLLC, Attorney at Law

When courts determine which parent should have primary custody and whether custody should be shared, they examine several factors. These factors differ from state to state, but the fundamental inquiry remains consistent and, in one way or another, asks the question "what serves the child's best interests?" Here are some of those factors.

Domestic Abuse and Violence

Domestic abuse and violence within a household create an environment that poses substantial risks and dangers to the child's well-being. A child’s safety is a very important factor in determining if and under what conditions contact between parent and child will occur.

Such circumstances provide compelling evidence that the parent involved in the abusive behavior may not be suitable for assuming custody of visitation. The court considers the potential impact of ongoing abuse on the child's emotional, physical, and psychological welfare. It recognizes that exposure to domestic violence can have long-lasting effects on a child's development, leading to trauma, anxiety, and behavioral problems.

Ability to Provide for the Child

Determining a parent’s ability to provide for the child involves assessing the parent's financial stability, employment, and housing conditions. The court seeks evidence that the parent can adequately provide for the child's necessities, such as food, clothing, and shelter. Moreover, the parent's ability to offer a safe and nurturing environment, access to healthcare and education, and emotional support also plays a significant role.

Mental and Physical Well-being of Parents

Courts consider factors such as mental illnesses or conditions that may affect a parent's ability to care for the child. If a parent is diagnosed with a severe mental disorder that impairs their judgment or risks the child's safety, it can impact the custody decision. Similarly, evidence of substance abuse or addiction may raise serious concerns about the parent's ability to meet the child's needs.

Physical well-being is equally important, as it affects a parent's capacity to meet the child's day-to-day requirements especially for young children. If a parent has severe physical limitations that hinder their ability to provide care, such as chronic illness or disability, it may influence the custody decision. Additionally, evidence of neglect or abuse due to a parent's physical condition can be a determining factor against awarding custody.

Ability to Foster the Child's Relationship with the Other Parent

A parent's ability to foster the child's relationship with the other parent demonstrates their willingness to promote a loving and meaningful connection between the child and the noncustodial parent. 

This includes facilitating regular visitation, encouraging communication, and refraining from negative comments or actions that may undermine the child's relationship with the other parent. 

Courts favor parents who actively support the child's interaction with both parents, as it contributes to the child's emotional well-being and overall development.

Conversely, a parent who obstructs or discourages the child's relationship with the other parent may be viewed unfavorably by the court. Alienating behaviors or attempts to manipulate the child's perceptions of the other parent can harm the child's welfare and diminish the likelihood of a joint custody arrangement. The Court may take strong steps to prevent a parent from exposing a child to this alienation.

Custodial Child's Preferences

If an older child consistently expresses a strong preference for one parent, it could indicate a closer relationship or a more nurturing environment. The court may consider this preference but does not have to rely on it. The Court may also consider other factors, such as the child's age, maturity level, and ability to make a rational decision. This ensures the child’s decision is not influenced by manipulation or coercion from either parent.

Stability of the Home

The court assesses the extent to which a child may be positively of negatively affected by having to adjust to a new living arrangement, school, community, or other significant changes that may arise from granting custody to one parent over the other. The court strives to minimize disruptions in the child's life and promote continuity and stability. It will consider the child's established routines, social connections, and educational progress.

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