Factors Considered When Determining Custody

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.

Angela MyLife

15:02 07 Jun 17

We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.

Emma Radcliff

21:41 02 Jul 16

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Richard Parker

23:23 27 Jun 16

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Jodi Wiethorn

14:54 15 Oct 15

I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!

Sandy Thomas

01:17 03 Feb 15

Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!

Getting Child Custody: Factors that are Considered