When it comes to a custody dispute, there are many factors that the court will consider. Having an understanding of these factors can help you to gain an advantage in your case.
One of the most common things that judges look at in a custody hearing is the child’s needs and wants. This includes things like whether the child’s school and community are involved. In addition, it can also include a number of other factors that are related to the child’s health and wellbeing.
The living environment of the parents is another factor that the judge will consider when determining custody. The parents’ living conditions need to be stable and safe for the children. If the parent is able to raise the argument that their home is a better environment for the kids, it may increase their chances of being awarded custody.
If the judge thinks that one of the parents’ homes is not a good place for the children, they may order the other parent to pay child support until a better environment can be found. The courts will also look at the financial circumstances of the parents and will decide whether their income will be enough to support the children or not.
The work schedule of each parent is an important factor in a custody case. If one of the parents has long hours at work and a busy travel schedule, it may be difficult for them to provide sufficient care for the children. This can result in the court determining that they are not acting in the best interest of their children and awarding custody to the other parent.
A parent’s criminal record can also be a factor in a custody case. This is especially true if a parent has a history of abuse against the children or another family member.
Domestic violence against a parent can also be a factor in a child custody hearing. If a parent has been convicted of domestic violence against the other parent or another family member, it can be a strong indication that they are not able to care for the children properly.
This is why it is often a good idea to make an effort to avoid any behavior that could be perceived as harmful or destructive. This could include bad-mouthing the other parent in front of the children or starting arguments with them when they pick up or drop off.
When the child is old enough, the court will also listen to the child’s preference. They will consider how much time the child spends with each parent and whether the child feels that they are getting the right amount of contact with the other parent.
If the child has any underlying medical or mental disorders, these will also be considered by the judge. A judge will usually not award custody to a parent who has any underlying issues that will prevent them from providing adequate care for their child.
Custody is a complex and sensitive issue that requires the expertise of a qualified divorce & family attorney in Miami. If you are involved in a custody dispute, it is important to understand the legal aspects of your situation so that you can protect your rights and keep the process as stress-free as possible for yourself and your children.