One of the main components of family law is deciding child custody issues. When a couple gets a divorce, the child custody matter should be the main thing on everybody’s mind. There are many factors that go into the decision for child custody, including the stability of each parent and their financial well-being. Here are some common questions about child custody issues as answered by family law lawyers Gilbert professionals.
What major factors affect a child custody decision?
When custody is an issue in a divorce case, the courts take into account several factors when making a decision that is in the best interest of the child. For instance, the child’s age and maturity are a factor. If they are old enough to decide who they want to live with, that is going to have a lot of weight in the court’s decision. Also, the parent’s mental and emotional health will be considered along with their lifestyle. If the parent engages in dangerous activities, such as smoking, it could be used in the court’s decision.
Each parent’s financial situation will also be considered. The parent with a greater ability to provide food, shelter and medical care will likely be favored over the parent who has a more difficult time in those areas. The child’s current situation will also be considered. If custody changes, will the child need to enroll in a different school and make major changes in their life? These all factor into the court’s decision.
Do courts tend to favor mothers over fathers in a custody battle?
There was a time when most states required that the mother get custody of the child if they are under five years old. Today, however, there aren’t any states that have that requirement. Many divorced couples agree that the mother should have custody following a divorce or separation for a variety of reasons. But that isn’t always the case when using family law lawyers. Gilbert attorneys can help you determine the best decision for your child when it comes to custody situations.
If a parent moves out and leaves the child with the other parent, does it hurt their chances of getting awarded custody?
Generally, moving out of the house without taking the children sends a message to the court that the other parent is a better choice when it comes to physical custody. If you want to make sure you don’t hurt your chances of getting custody, take the children with you and file for temporary custody immediately. If you don’t file the proper papers right away, the other parent could say you took the children without consent and the courts don’t look too favorably on that.
For all of your family law and child custody questions, contact the family law lawyer at The Law Offices of Zubair Aslamy. Our law firm has the required knowledge and experience to represent you effectively in your child custody case.