Major Factors That Can Influence Child Custody After a Divorce

Posted on : March 26, 2023
Child Custody

Major Factors That Can Influence Child Custody After a Divorce

Most divorce cases that involve children often face the challenges of child custody after a divorce. This is because of the emotional attachments of the parents to their children. In most cases both parents will love to have custody of their children.

However, the question of child custody is not just about emotional attachment. Some factors must be considered before these parents can take custody of a child after a divorce. In all considerations, the child’s best interest is protected. 

Generally, every child wishes their parents to work on their differences and live together. Divorce is sometimes best for both parents, especially in toxic relationships. Now, there is the challenge of who should take custody.

Read on to learn about the significant factors influencing child custody after a divorce.

Top 4 Factors That Can Influence Child Custody

A custody agreement is necessary for the child’s well-being. Custody laws vary from state to state. However, some factors are generally considered when determining who takes custody of a child, and they are;

1. The Age and Number of Children

The ages and the number of children is an essential factor the judge considers before deciding who takes custody of the children. A breastfeeding child is more likely to stay with the mother than the father, although this is not the same in most cases.

As children age, custody may change, especially when they are old enough to make intelligent decisions. The possession may be based on the children’s needs, and it is common to have joint custody with older children.

2. The Parent’s Living Situation

The parent must be able to prove their ability to shelter the child. The living situation of such parents must be ideal and conducive for the child. This implies that the parent with the most decent and stable housing situation is likelier to take custody of the child.

3. The Financial Status of the Parent

When deciding child custody, the court usually considers the parent who can provide for the child. The question here is which parent is better positioned to cater to the child or who has the financial strength to service the child’s needs.

On the other hand, a parent with a high-paying job with a high level of traveling might be at risk as the parent with a low-paying or inconsistent position. Both parents are expected to provide for the needs of the child. However, a parent who can stay with the child has a higher preference.

Also, the judge might question who has been putting the child’s needs first. Parents with higher incomes and less inclination may risk losing the child’s custody.

4. The Parent Fitness and Health

The parent’s physical and mental health plays a significant role in deciding who takes the child’s custody. The most physically, emotionally, and mentally fit parent is mainly considered.

The well-being and future of a child are at stake during a child custody battle in a divorce case. Hence, it is best to resolve and make the best decision in favor of the child.