Everyone enters marriage with the best intentions, but sometimes things don’t work out. Regretfully, this may result in a divorce and contentious custody disputes.
Judges have a lot of considerations to make when deciding who gets custody of a child. The most important is the child’s best interests. However, other issues can have a significant impact on court decisions as well.
Factors That Affect Child Custody Decisions
The child custody decisions made by a judge will impact the rest of a divorcing couple’s lives. Typically, judges will favor arrangements that allow both parents to remain actively involved in the children’s lives.
In a contested divorce Tampa, the court will also consider the wishes and opinions of the children. This may involve asking them where they would like to live or seeking an evaluation from a child custody evaluator, depending on the state and the children’s developmental stage.
The court will consider the mental and physical well-being of both parents when making a decision. Parents with anger management issues or a history of substance abuse are unlikely to be awarded custody of their children. If a parent has a chronic illness that would make it hard for them to take care of the children, they may not get custody either. It could be why some couples choose to reach their custody agreements outside of court and have them upheld by the judge.
Financial Stability
A parent’s financial stability will also be a significant factor in custody decisions. Judges will want to know that the child will have the resources to meet their material needs and provide a stable and safe environment. It includes the ability to pay for housing, food, education, and medical care.
The court will also consider the emotional and physical capacity of each parent to care for the child. For example, if one parent has a history of substance abuse or domestic violence, this can impact the court’s decision.
At the first custody hearing (or trial, if you choose to go to test), both parents will present their arguments, witnesses, and other evidence to the court. It is called discovery. During this phase, the court may ask you to answer written questions (“interrogatories”) and submit various documents (called “requests for admission”). The judge will listen to arguments from both parties before deciding on custody and visitation.
Child Custody Evaluations
Child custody evaluations involve interviews with parents and children (if they are old enough) and observation of the parents’ relationships with the children. The evaluator typically writes a report with recommendations for parenting, time-sharing, and access.
The court considers this report in reaching a final custody decision. In addition, the judge may also use testimony provided in court, school and medical records, and experts’ opinions to help them make a custody determination.
The most significant factor in a judge’s custody decision will be what is in the best interests of the child. That includes ensuring that the child is safe, has a stable environment, and is in an arrangement that allows them to grow to their full potential. When determining custody arrangements, the physical and mental health of each parent, any history of abuse, and substance abuse history will be considered.
Parenting Plans
Whether you want to file for joint custody, sole custody, or some other arrangement, it is vital to put together a solid parenting plan. It can include everything from how you and your former spouse will share decision-making power (legal custody) to what time-sharing schedule will work for holidays, school breaks, and weekend visits.
The court will consider your ability to provide stability and consistency in your child’s life, looking more favorably at parents who can do this. Additionally, the court will consider any allegations or convictions of abuse and neglect by either parent.
You may need to make disclosures to your ex of documents and other evidence, such as texts and emails, and you will likely be asked questions under oath in court (interrogatories and requests for admission). All of these tasks are best performed with the help of an experienced attorney. It is especially true if you are going to fight for custody in court.