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What do courts consider when deciding child custody?

On Behalf of | Jan 23, 2020 | divorce |

If you are seeking child custody in your divorce, you may realize that child custody issues are often a common issue during these proceedings, and courts across the nation strive to consider the best interests of the children involved. The National Center for State Courts notes that many judiciaries now require their judges to have supplemental education that assists them with making decisions related to child custody. There are many decisions these men and women must make, and they consider many factors before doing so.

The physical and mental health of both you and your spouse will likely be important to many judges when it comes to the safety of your children. Any history of mental illness may be examined carefully and physical issues, such as a physical problem that limits mobility, is considered. While these factors might not prevent you or your spouse from gaining custody, they may be discussed and taken into account by judges.

Your past history may be another factor that judges consider before granting custody or visitation rights. Past drug and alcohol use may be examined and any criminal offenses could be looked into before any decisions about your children’s future are made.

If your kids are older and can speak for themselves, the judge handling your divorce may take their wishes into account. For example, if your sons or daughters express their desire to live with their mother, the judge may allow their wishes to sway his or her decision.

Divorce can affect your children’s futures and their happiness. Some research indicates that educating judges on child psychology and behavior can help children endure the end of their parents’ marriages.