The question of child custody can arise from different type of situations (divorce, separation of unmarried parent, as a consequence of paternity recognition, etc…). Because this question will determine the child’s everyday life, future, education, as a parent you want to make sure the judge will grant you child custody.

However, the judge main criteria in deciding on child custody is what is in the child’s best interest. To answer that question, courts will consider inter alia, each parents’:

  • home environment
  • capacity to actually take care of the child
  • financial capacity to provide for the child’s needs (clothes, food, medical care)
  • involvement in the child’s education and extra-curricular activities
  • willingness to maintain or facilitate a real relationship between the child and the other parent
  • criminal history, history of domestic violence, physical and/or substance abuse, of negligence of children

When the parents cannot come to an agreement, it is important for each of them to be represented by an experienced attorney who will be demonstrate how his client offer an environment that is in the child’s best interest.

Frequently Asked Questions

1. What Situations Can Lead to Child Custody Issues?

Child custody issues can arise from various situations such as divorce, separation of unmarried parents, or as a consequence of paternity recognition.

2. What Criteria Do Judges Use to Decide Child Custody?

Judges primarily consider what is in the child’s best interest. Factors include the home environment, each parent’s capacity to care for the child, financial stability, and willingness to maintain a relationship between the child and the other parent.

3. How Important Is Financial Capacity in Child Custody Decisions?

Financial capacity to provide for the child’s needs, such as clothing, food, and medical care, is one of the factors judges consider when deciding on child custody.

4. Can Criminal History Affect Child Custody Decisions?

Yes, a parent’s criminal history, history of domestic violence, substance abuse, or negligence of children can significantly impact child custody decisions.

5. Should I Hire an Attorney for a Child Custody Case?

When parents cannot come to an agreement, it’s crucial to be represented by an experienced attorney who can demonstrate how you offer an environment that is in the child’s best interest.