Child Custody Divorce Law Family Law

Factors That Will Determine The Outcome Of A Custody Battle

Child custody laws are meant to provide a legal structure to govern relationships between divorced parents and their children. Preferably, divorced parents are supposed to work together to have a cordial agreement to have shared custody, but this if often not possible due to resentment between the divorced spouses who tend to drag their children in the divorce and marital disputes. This raises the need for you to hire a divorce attorney or a child custody lawyer to assist you in your child custody battle.

The best interest of the child is the major focus in determination of child custody. Thus, every aspect of both parents life, both past and present, is put under scrutiny so as to determine which parent is most suited for child custody.

Here are some of the factors that will determine the outcome of a custody battle:


This is a general term referring to different aspects of an individual’s life. You need to have your life together for you to be awarded sole custody of the child. The factors to be considered here include your ability to provide safe home, environment and social setting for the children, your employment status and financial security, criminal history and psychological stability (history of substance abuse, mental illness, and child neglect or abuse). Thus, you must prove in court that you are more stable than your partner.
Relationship With The Children

The court knows that quite often, spouses file for full custody of the child just to hurt their ex without necessarily having developed a relationship with the children. Thus, it is important to leave out personal vendettas out child custody cases because the court will investigate whether you have strong ties with your kids. Thus, the court is likely to award custody to the parent with stronger emotional ties with the children.
The motive

Just as mentioned earlier, some parents may seek custody just to get back at their spouses. Though it’s normal for parents to want to be with their kids, you must prove to the court that it is in the child’s best interest to be awarded sole custody. For instance, a father asking for sole custody of children less than 5 years does not consider that this can emotionally hurt them or can create an emotional barrier with their mother. Thus, the court is likely to award custody to the parent who can prove that his or her motive is in the best interest of the children.
The wishes of the child or children

The child’s wishes can also be taken into consideration in determining custody cases. Nonetheless, this factor is greatly dependent on the age of the child where the preference of children below 6 years old may not hold as much weight in court as the preference of children above 12 years.
Other factors that will determine the outcome of a custody battle includes:

* The health of the parents and the child’s age, sex and medical needs
* Impact of changing living arrangements to the child or children
* Quality of life, including health, education and social life while living with one parent
* Effect on the child’s established lifestyle which includes school, home, church etc.