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How Is Child Custody Determined?

Custody is often one of the most contentious parts of any divorce, so it’s no mystery why so many people need help from a child custody lawyer. The attorney will act as both a mediator and a negotiator, with the goal of obtaining the full amount of custody desired by the client. Although every state has its own specific child custody laws, all of the following things are usually considered when determining child custody.

The Stance of the Parents

Sometimes the most important determinant in child custody cases may be the stance of the parents. If the parents are able to come to an official agreement about custody and visitation without court intervention, the court will often allow that agreement to stand.

The Background of the Parents

Parents who have any history of domestic violence, whether with the child or with someone else, will very rarely have a good chance of obtaining child custody. The court considers child safety the top priority, so any documented history of violence can strongly influence a custody case. If both parents have a history of abuse, it is possible that the court may place the child under state care.

The Stability of the Home

Home stability is very important for any child, and this becomes particularly clear when child custody is being determined. Parents who have a stable income source, an established place to live, and a life that is generally conducive to child wellness and betterment are generally the first choice for custodial parents.

The Child’s Preference

The child’s preference of home may come into play in custody cases where all other factors are roughly equal. As long as the child is of sufficient age and intelligence to make this determination (the age varies by state) the judge can take their preference into account when making a custody decision.

Whether you’re already involved in a divorce or just beginning the process, it is wise to work with a family law attorney. At the Law Office of John R Rinn, we have a successful track record and over 30 years of experience dealing with divorce cases. Contact us today for a free consultation.

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