How do Courts Determine Who Gets Custody of Children in a Divorce?

Child custody is a complex matter to resolve when determining who will have the right to see or retain the child. When a court considers a situation like this, it usually gives the child the most emphasis. That is, the courts will prioritize the child's needs over the wishes of the parents. Because each child's circumstance is unique, courts must consider various variables when making their decisions.

A family court will consider the following elements while deciding on a child's custody:

• The child's preference

• Parents' conduct/behavior

• Parent to child relationship

• The primary caregiver

• The age of the child

• The health of the child

• The child's routine schedule (religion, school, or home)

Mothers or Fathers: Who Has a Better Chance of Getting Custody?

According to the United States constitution, every parent has an equal constitutional entitlement to child protection. However, other states provide that the child's custody under five years remain in the biological mother's custody when both parents decide to separate or divorce. Unfortunately, this clause violates the rights of equal protection as it also discriminates based on gender.

In many circumstances, the mother will have the upper hand when it comes to child custody, while the father will schedule visits with the child. However, before deciding to grant custody of the child to the mother, the law demands that both parents be evaluated to see if they are eligible.

Even though the father may not be granted custody of the child, special arrangements can be made to see the child frequently. According to research, the lack of a father contributes to children's erratic behaviors, drug abuse, and deep grief.

Putting the child's best interests first

One of the critical goals in child custody proceedings is to guarantee that the child's best interests are fully represented and decided. So, regardless of the case's outcome, the judges must find a way to take care of the child's happiness, emotional development, safety, and mental health. That means the court will act in the child's best interests rather than favoring one of the parents in their judgment.

The court will examine the following elements when deciding the best interest of the child custody case:

• The child's relationship with their family

• The psychological well-being of the parent

• Requirement for a change of environment

• The child's choices, if they are capable of expressing them

•  A child's unique requirements

•  The child's community adjustments

What happens if one or both parents leave home?

If a parent wants to leave the family home but keep custody of the kids, they should leave with the children. It's required that the couples should petition the court for temporary guardianship and child support in family court. The family court will not take it lightly if one of the parents decides to remove the child from the house and then goes to court.

Non-Divorce Children's Custodial rights

Grandparents or relatives can visit the child if the parents are not divorced. Non-custody matters are decided in the same way that ordinary divorce proceedings are. Along with this legal battle, there are several milestones for a relative or grandparents to assume custody of the child. So, first and foremost, a petition for non-custody should be submitted to the family law attorney, with a copy sent to the parents.