When you and your spouse are going through a divorce, one of the most difficult and heart-wrenching factors to consider is the determination of child custody. The judge considering your case is tasked with determining what is in the best interest of your child or children, and it is impossible to know exactly how they may rule. There are certain details, however, that typically affect their decisions. If you are going through a child custody case, consider these common factors that the judge will look at.
- The best interests of the child
- The emotional ties between the child and other family members;
- The interest of the parties in and attitude toward the child;
- The desirability of continuing an existing relationship;
- The abuse of one parent by the other;
- The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and
- The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that continuing relationship with the other parent will endanger the health or safety of either parent or the child.
Keep in mind that the judge may call character witnesses to gain their opinions on each parent’s viability. They may also require each parent to submit a child custody evaluation to gain insight into their ability to provide a stable home for the children.
If you and your ex are battling over custody of your children, it is vital to have an experienced, reputable attorney on your side. The team at Davis & Pedrojetti Divorce & Family Law Firm has a reputation for helping our clients achieve their goals. Visit our website or call us today at (541) 842-2139 to schedule a consultation.
