In the U.S., there are about 12.9 million custodial parents, or about 4% of the total population. Most of the time, the mother gets about 65% of parenting time and the father gets about 35%.
The court’s main job is to make sure the child is safe, healthy, and well cared for when parents fight over custody. Someone may not be able to have control of their child if they can’t provide a safe or stable home.
According to Walke-Wilson Firm, PLLC, if your child custody arrangement is causing issues or you need to come up with an initial agreement during a divorce, a lawyer can help you handle your custody battle before the situation may worsen.
Here are the factors that the court looks at to help you know what’s expected and how to protect the best interests of your child.
Mental and Physical Health Considerations
The mental and physical conditions of an individual are often viewed as a child’s custody factor during investigations. Think about the fact that a parent’s mental health may make them unable to provide safe and loving care.
If a parent has a major mental health problem, they might not be able to do their daily tasks. This might make the child’s world less safe.
It’s crucial to assess both parents’ well-being before making a custody decision. After all, caretakers should not be too unwell to care for their child.
If they have long-term illnesses or health problems, they might not be able to help out or join in with their child’s activities. They can also hurt the rights of a stepparent, especially if they want to have custody or interaction with the child and the biological parent is not a good fit.
Step-parents don’t get automatic parental rights just by marrying a biological parent. Under step-parent rights in Georgia, a stepparent—or similar non-biological caregiver—can petition for visitation or custody if they can provide consistent and committed caregiving.
Courts often seek evidence of treatment and stability for both mental and physical health.
History of Substance Abuse
Parents who have a past drug or alcohol abuse are deemed to have potential mental and physical health issues and this will make it challenging for them to decide what is best for the child.
If you’ve ever been addicted to something, think about how it might affect how you parent. Courts usually look into the stability and safety that you can provide for the child. They also consider whether you have completed a rehabilitation program and kept yourself free from drugs or alcohol.
Substance abuse inconsistency can make the court doubt your ability to make good decisions and act in your child’s best interests. The court would also consider whether you have asked for help and changed your attitude.
Being open about a substance abuse history and showing documented change can in part allay concerns about custody.
Criminal Activity and Legal Issues
Custody issues may arise in relation to criminal acts and legal matters, especially when the ability to create a safe environment for the child is questioned.
Should a criminal record exist, courts would more likely look at the nature and degree of such offenses. Violent crimes, drug offenses, or any history involving domestic violence may be far more damaging.
When it comes to those minor issues, questions arise about your judgment and stability. You can show that you have dealt with your past problems through a rehabilitation program or by showing reasonable acquiescence to good behavior.
On the other hand, if you choose to disclose your past legal issues and have been cooperative with the court, the information may provide good reason to set aside perceived concerns and improve your chances of achieving custody.
Stability of Living Environment
A stable living environment remains one of those crucial factors a parent must be fit for custody. Judges prioritize consistency in a candidate’s home life to ensure they can guarantee a secure environment for the child.
This means you must have a sure residence, a steady job, and a good support system. Otherwise, finding anybody willing to come forward to support you will become very difficult.
You must show evidence that your home is both safe and secure and that it offers ample space for your child to prosper. You should also be able to discuss how this correlates with his/her well-being positively.
Child’s Needs and Preferences
On custody matters, understanding the child’s needs and wishes directly impacts their welfare and happiness. When judges decide who gets custody, they often look at what the child wants and needs, such as places to get emotional support, educational opportunities, and social activities.
It is important to think about the child’s thoughts and feelings when deciding where they should live. You can create an environment where your child feels safe and loved.
Also Read: What Is “Bird-Nest Custody” and Why Are Aussie Courts Warming Up to It?
