The Way We Think About Child Custody Placement is Dead Wrong

How judges determine who gets the custody of a child

    Every state applies the "best interest of the child" factor for deciding custody disputes. What does that mean in reality, though? In the end, it all comes down to what the judge thinks based on the specifics of the case. However, most state laws identify a number of considerations that judges must take into account when determining what is in the best interests of the children. These elements differ from one state to another. Additionally, they can change depending on the circumstances; even states with a long list of particular considerations typically include "and any other relevant element."

The "best interests of the child" law mandates that judges make custody decisions based on the needs of the child, not the needs of both parents and that custody is granted to the parent who is best able to meet those needs.

Factors considered while deciding the custody

A judge often bases his or her judgment on a number of distinct variables that all contribute to what is in the "best interests of the kid," rather than on just one single aspect. The following are typical factors a court takes into account while deciding on custody and visitation:

•          If state law allows and the child is older than a specific age—typically between the ages of 12 and 14—the child's preference
•          Age and gender of the child
•         Any particular emotional or medical requirements the child may have
•         The bond between the child, their parents, and any other kids living in the home
•          the parent's physical and mental condition, including any indications of abuse of drugs or alcohol
•          The parents' way of life, their financial security, and their capacity to meet the child's fundamental needs
•          Any history of domestic violence in the household, as well as any indications of harsh punishment, emotional abuse, or sexual or child abuse
•          Current residence and routine of the child, including any daycare facilities, educational institution, and extracurricular activities
•          the effects of a custody change on the child's mental health and social development

    As each family is different, the court will often apply the pertinent considerations to cases on an individual basis. For instance, if a father's main justification for requesting custody is the fact that the mother has relocated 10 times in the previous two years and the child has frequently been transferred from one school to another. The child's academic achievement, according to the father, has been impacted by the move. The mother's lifestyle and stability, the influence of a change on the kid, and the child's educational position are only a few examples of the variables the court may take into account.

    If a parent is disabled, they have the right to present information and supporting documentation that demonstrates how using supportive services or adaptive equipment will enable them to fulfill their parental duties. Bit it is apparent from the law that the judge cannot engage in disability-based discrimination. The court must express in writing what impact, if any, the handicap has on the child's best interests if they consider it is relevant to the custody determination. The legislation makes it clear that a persons sexual orientation or preference is not regarded as impairment.

This article is for informational use only and should be used as a guideline to aide in your research.