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How Does the Court Determine Child Custody?

Filing for a divorce can be a big step for a family, and in most situations it can be a difficult one. When determining the wellbeing of the children, there are many factors that come into play in order for determining what custody arrangement would be best for them. Custody settlements will be taken to court in the event that the two spouses cannot come to an agreement on their own terms or in mediation with their lawyers. In this case, the court will then consider the age and health of each child. In many cases, if both homes would be safe for the child, kids will be asked what their preferences are in the matter.

While that will not be the only determining factor for the judge, it is heavily considered because of the happiness of the child being so important. The age of the child plays a role in the decision for many reasons. Perhaps they are in their senior year of high school, playing sports and ready to graduate; their wanting to stay with a parent close to their school is a possibility. Health plays a vital role as well depending on the level of severity of the illness, the treatments required, and the parent’s ability to care for the child. Details such as the emotional bond between child and parent will be heavily weighed as well. If a son has a stronger relationship with the father, this will be considered as important by the court.

Family history will also be taken into account, things like domestic violence or substance abuse will help the court determine custody arrangements, and what environment will be safest for the children. A large factor that plays into account is the employment of both spouses, who will be able to best provide for the children and make sure that they are truly cared for. Spousal support such as alimony can also be considered during a divorce as well, so it is important to have a lawyer walk you through these many steps. Another important aspect of choosing custody arrangements is considering what routine will be as close to normal as what the children are used to.

The idea with this view is that a divorce is going to be challenging for the children as it is, by allowing them to stay close to a routine they are familiar with may help them to transition a bit in the process. Considering the mediation process is helpful when making custody arrangements for you children, though if it comes down to it where you and your spouse cannot agree, the courts will then consider these many variables, and likely others in order to determine what is best for the wellbeing of your children. Contact The Law Offices of Marc E. Mitzner for an Orange County divorce attorney who is experienced and ready to fight for your case!