The main thing that courts consider in determining child custody is what is best for the child. That is the standard used for all custody cases and it is a flexible test that allows the court to consider many different factors.
Factors that are considered by a judge when deciding custody include things like whether the parents have domestic violence issues, how much contact they can have with the child, and whether the parents have substance abuse or other problems. Those who have a history of domestic violence can be denied custody or may only be awarded limited visitation rights.
Another factor that a court will take into consideration is how far the parents live from one another. A parent who lives a very long distance from their child may have to travel a lot in order to see their child, and this can be a stressful and emotionally taxing situation for the child.
If the parents have been convicted of a crime, this can also be a factor in custody. If the parent has been convicted of a crime, this will make it difficult for that person to have custody of their child, so it is important that the parents do everything possible to work together to find a solution that works for both parties.
The child’s preference for living with a particular parent can be a major factor in custody cases. If a child has a strong bond with a parent, the court will likely want to award custody to that parent.
Similarly, if the child has strong feelings for a parent that are contrary to what the other parents have, the court will be very careful about making a decision. A judge will often try to give the parent that has a strong connection to the child a fair share of custody, even if they have been less involved with their child in the past.
In some cases, religion can play a role in custody, especially when the parents are of different religions. This is because the court will favor a parent that can better accommodate the child’s religious practices.
If a parent has been unable to secure a home for their child, this can also be a factor in determining custody. This is because a child might not be able to stay in a home that is unsafe or does not have the resources to provide for their needs.
A parent’s health and emotional stability are also very important in determining custody. A parent that is struggling with mental or physical problems will not be able to fully provide for the child’s needs.
Additionally, a parent’s ability to support the child financially will be a consideration. This is because a parent that can provide for their child will be able to spend more time with them and may be able to offer a greater level of protection.
Those who are unsure of what to expect when it comes to child custody should speak with a Miami divorce & family attorney who can help them prepare for a potential trial. An attorney can help you present your case in the best way possible, so that the court will be able to make an informed decision about what is in the best interest of your child.