Seeking Custody Of Your Child? You Likely Will Have These 3 Questions

Law Blog

Going through a divorce can be a difficult process, which is only complicated when the custody of a child is involved. Here are some questions you may have while going through a custody battle.

How Is Custody Determined?

If you and your spouse cannot agree on a custody arrangement, a judge will be the one that makes the final determination. The judge will look at a variety of different factors when deciding which parent will receive physical custody, which includes if a certain parent has already been acting in the role of the primary caretaker. The judge will also consider the environment that the child will be living in since they want the child to be living in a home that is safe and stable. Parents with a history of drug or alcohol abuse will find that it will not help their case when seeking custody.

Can You Move To A Different State When Seeking Custody?

Your living arrangements will play a role in which parent will receive physical custody, but it is not always as clear cut as you think. In general, a judge will try to pick a parent that offers the most stability to the child. This may mean that they want to see the child live in the same home, attend the same school, and be able to see their friends. If both parents seem equally fit to have physical custody, the living situation can be a big deciding factor.

However, living in the same place is not always the best environment for a child. Being a single parent means that you may want to seek out additional support from family, which requires moving to be closer to family, such as your child's grandparents, aunts, and uncles. If you are also looking to move away from a spouse that is abusive, then you would need to have the move approved by the courts before doing so.

Does The Child Have Any Say In Determining Physical Custody?

Be aware that a judge does not need to follow a child's request for which parent they want to have physical custody. However, it is common for a judge to listen to the requests of older children so that they can have a say in the matter. It will not be until the child turns 18 where they can make a decision about the parent that they want to live with. 

Contact an attorney like Kenneth J. Molnar to learn more about child custody.


23 April 2020

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