What Does the Court Look For When Determining Custody?

When going through a divorce, child custody is one issue that will need to be negotiated and decided upon. If the parents cannot come to an agreement, the court will make a decision regarding the custody of the child or children. In order to make sure that your wants and needs are fought for in court, obtain the help of an Atlanta divorce attorney. The main concern of the court is the best interests of the child and they make their decision accordingly. In order to come to the conclusion of the best interest of the child, the court will look into all of the following factors:

  • Age and sex of the child
  • Mental and physical health of the child
  • Lifestyle and social habits of each parent, for example, if they are a smoker or have engaged in child abuse
  • Emotional bond between the child and each parent
  • Ability of each parent to provide for the child emotionally and financially
  • Child's lifestyle and living pattern including their school and community norms
  • Child's current quality of life and education
  • Impact of changing the status quo for the child
  • If the child is above age 12, his or her preference can be taken into consideration

After considering all of these aspects of the situation, the court may or may not come to conclusion about a more favorable parent to receive custody. If parents seem to be equal, the court may choose to focus on which parent will provide a better and more stable environment for the child. The court oftentimes finds it beneficial for the child to have the presence of both parents in their life. To create a better chance of this happening, they often consider which parent will better allow for a relationship with the other parent. Divorce is already a large change for the child so the court commonly makes decisions that provide continuity in the child's education, religious institution and community relationships. If you need representation in your divorce, contact an Atlanta divorce lawyer from Stadler Law Group, LLC.

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