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You are here: Home / Child Custody / Getting Child Custody: Factors that are Considered
Getting Child Custody: Factors that are Considered

Getting Child Custody: Factors that are Considered

December 28, 2012
Written by Christopher Migliaccio Leave a Comment | Last updated on August 24, 2023

Child custody is a very common issue in divorces in which the couple has children together. Custody of the children once favored the mother in many cases, but judges now look to which situation would be in the child’s best interests, although – whether correct or not – some still believe that mothers are given priority. Seek legal representation for assistance in dealing with these cases.

Factors Considered When Determining Custody

Judges keep various factors in mind when deciding child custody such as the physical and mental well-being of each parent. For example, if the mother has a history of depression or has disabilities that prevent her from properly caring for a child, then the father may be awarded child custody if he is deemed a better fit.

Judges will also look at the parents’ bad habits. The goal is to put the children in safe environment, so if either parents smokes, drinks heavily or uses drugs, these factors will be weighed against him or her. Other factors that may be considered detrimental or dangerous for the child – such as domestic violence –also should be considered.

The parent’s ability to provide financial support is a factor in determining custody. A primary caregiver needs to ensure that the best interests of the child are met. If a parent is working hard to make money to support his or her child, while the other parent is unemployed and making no effort to find a job, judges may look at the working parent more favorably. Still, the non-custodial parent is often responsible for child support payments.

Judges also look at the parent-child bond. If a child has a close relationship with one parent compared to the other, the parent with the tighter bond may be considered a better fit for custody. This is not to say that the other parent is not emotionally bonded or attached to the child, however.

Representation for Your Child Custody Case

Contact the law offices of Warren & Migliaccio, L.L.P. A family law attorney in Texas can provide legal representation through this case and advice regarding the steps required to obtain child custody and other factors the court may consider. Contact us today at 1-888-584-9614.

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Categories: Child Custody, Divorce Tagged: Child Custody Tag, Divorce

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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