Deciding Child Custody: What Courts Consider
While parents reaching a fair agreement is ideal, sometimes a judge needs to determine child custody and support arrangements. In these cases, they'll weigh several important factors referred to as the Best Interests of the Child Standard. This factors include some of the following:
The child's voice (if sufficiently mature): A judge may consider a child's wishes, depending on their age and maturity. However, it is extremely important to note that the ultimate decision of parenting time/visitation is not up to the child.
Parental relationships: The judge will assess the relationships between the child and each parent, including their ability to support a healthy connection with the other parent.
The child's established life: The child's current residence, school, and community involvement will be considered to minimize disruption.
Distance between parents: The proximity of parents' homes may be a factor in determining custody arrangements.
Parental history: The judge will consider any history of mental health issues, criminal activity, addiction, or abuse by either parent.
The Court also reviews additional factors, but it is important to note that no single factor is outcome determinative. The Court reviews the totality of the circumstances and issues thier orders based on what is in the Best Interests of the Child.
Remember:
Changing circumstances: Custody arrangements can be modified for multiple reasons, including if a parent or child’s situation changes, if either party needs to move, in addition to other possibilities.
Following court orders: Parents must comply with court-ordered custody arrangements, even if they have disagreements with the orders. This includes paying child support.
Official modifications: Changes to custody agreements require a court order. Parents must file a petition with the court to request an official modification. Parents are free to enter into agreements on their own, however there will be no ability to enforce the agreement without a judge’s signature.
If you have any questions about establishing a custody agreement or want to modify an existing agreement, please schedule a consultation with Heritage Family Law, LLC.
