Child Custody Lawyer: What the Court will Consider to Determine the Custody of a Child

by | Dec 9, 2013 | Law

One of the most challenging situations during divorce cases is determining the custody of a child. In such times, the child’s environment is disrupted and he or she has to adjust to a new home or having one parent at a time. Divorce definitely takes a toll on a child and it is for this reason that you need a child custody lawyer to assist you and your children in moving on after the divorce and starting a new life. When deciding the custody of the child, there are a few things that will determine which parent will be given custody:

  • The best interest of the child: This is the most important consideration when it comes to determining custody for a child. Where is the child safest and well protected? Will the child receive mental, emotional and financial support if custody is given to the mother or the father? These are some of the questions that a child custody lawyer New Jersey will consider. The court will definitely consider the best interest of the child at all times. Indeed the parent who seems to cater for the future growth and stability of the child will automatically win the custody battle over a parent who is financially and mentally unstable before or after the divorce.
  • The situation of the parents: There are many reasons that lead to spouses’ separation and eventually divorce. There are people who divorce because of irreconcilable differences while others divorce because of physical and emotional abuse. There are cases where a spouse will divorce another for neglect and other times, one spouse will leave the other because of infidelity. When spouses who have children and are seeking divorce meet with a child custody lawyer, the lawyer will look at the reason why they have decided to divorce. A spouse who was abusive or neglected his family will definitely not qualify for the custody of the children. Additionally, the spouse who will remain with the children must also be of sane mind and able to raise the children in an environment that is free from abuse.

There are cases where spouses choose to divorce because they just cannot live together any more. In such times, both parents are well able to take care of their children and can offer the safety and support that the children need. In such times, the child custody lawyer New Jersey will consider the age of the children and their wishes. For instance, an infant will be best suited to remain with his mother and grant the father visitation rights. The preference of the parents will also be put into consideration. For instance, if the mother is always traveling for work, the child will be put into the safe custody of the father.

During a divorce, the child custody lawyer New Jersey will also consider the wishes of the child during a custody hearing for the comfort of the child.

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