Factors that can affect child custody:

Posted by Alan Finkel on September 8th, 2022

Some of the most challenging and trying disputes in family court include child custody. Most of the time, both parents think they are acting in the child's best interests. But regrettably, a few times, a vengeful husband would use the kids as a bargaining chip or a weapon. 

Family courts always put the child's best interests first when deciding custody disputes. To determine what kind of custody agreement is in the child's best interests, the court considers a number of variables outlined in the Family Code. 

The courts like to grant joint custody wherever it is feasible. Two parents often contribute significantly to a child's upbringing, which is to the benefit of the child. In order to create a parenting plan that incorporates shared custody, judges urge collaboration between the parents.

Factors affecting the decision related to child custody:

Any pertinent circumstance that directly pertains to custody and the best interests of the child may be taken into account by the judge but some of the most important are:

  • Domestic Violence and Abuse

A judge may award exclusive custody to the other parent if one of the parents has a history of domestic violence or abuse. Depending on the circumstances, the judge may also permit supervised or limited visits for the parent charged with or even accused of domestic violence. The same holds true for claims of child neglect or sexual abuse.

Consult a lawyer right away if your former partner accuses you of domestic abuse or assault. Even if the accusations are untrue, they may have a detrimental effect on your parental rights. Don't just count on the legal system to deliver justice. Instead, hire a lawyer to defend your parenting rights.

  • Accommodation and providence for the child:

A parent supporting their child may provide them with a tidy, secure household. Providence means the parent is able and willing to address the child's needs since they are aware of them. This entails making sure the youngster attends school, takes a bath, and forms positive behaviors, among other things.

Taking care of the kid may also entail being prepared to promote a parental bond with the other parent. The capacity to pay child support and being able to provide for a kid are two separate things.

  • Home stability:

When parents separate, a child could experience anxiety and fear. A child's worries can grow and develop into emotional issues if their routine is disrupted and if they move to a new household. 

In light of this, a court may try to maintain kids in a stable house that they are accustomed to. The judge may also take into account whether transferring the kid could cause too much disruption to his or her routine, schoolwork, extracurriculars, and social engagements.

  • Preference of the child:

After a divorce or legal separation, children may express a preference for which parent they would want to live with. Depending on the child's age and maturity level, the court may take his or her preferences into account.

Judges are aware that parental alienation and influence may affect young children as well as older ones. For instance, a parent could make promises to a child in order to entice them to declare their want to live with them. To put a wedge between the kid and the other parent, a parent could also lie to their children.

The future and well-being of your child are in jeopardy during a custody dispute. Before taking any action, it is advisable to get legal counsel from a skilled Ohio Child Custody Lawyer if you are thinking of leaving your husband or partner. You may get the result you want in a custody and divorce dispute by being aware of your legal rights and taking the necessary steps to safeguard yourself and your kid.

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Alan Finkel

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Alan Finkel
Joined: August 16th, 2022
Articles Posted: 120

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