When parents of young kids or teenagers get divorce or separate, one of the biggest issues they must work out is child custody and child visitation. Custody matters are generally handled on a state-by-state basis, and parents should always refer to the relevant state law. At the same time, virtually all U.S. states operate under a “best interests of the child” standard. The Legal Information Institute explains that the “best interests of the child” requires courts to prioritize a child’s health, safety, and well-being.
There are a number of different factors that are considered in child custody cases. As a parent going through any type of child custody or child visitation matter, it is imperative that you are prepared for the process. An experienced child custody lawyer can help you with any specific questions or concerns. Here are ten common factors that can influence the outcome of child custody cases
10 Factors That Influence Child Custody
1. The Wishes of the Parents
Courts across the states give parents considerable latitude to come to their own decisions in custody and visitation cases. While a court may overrule the parents to protect the health and well-being of the child, the wishes of the parents play a crucial role in determining child custody arrangements. Courts will carefully consider each parent’s preferences and reasons for their desired custody outcome. When an agreement between the parents can be reached, courts will often try to support that agreement.
2. The Demonstrated Parenting Ability of Each Parent
What has already happened matters. The demonstrated parenting ability of each parent is an essential factor in custody decisions. Courts examine each parent’s history of involvement in the child’s life. Among other things, this includes a parent’s:
- Ability to provide proper care
- Ability to make responsible decisions;
- Record of meeting the child’s educational, emotional, and medical needs
A parent with a proven history of providing a loving and supportive environment will have an advantage in custody proceedings. Parenting ability is key.
3. Each Parent’s Established Relationship With the Child
The strength of the relationship between each parent and the child is a crucial factor in custody determinations. Courts will look at the emotional bond and level of attachment between the child and each of his or her parents. Strong, healthy relationships with both parents are generally in the best interest of the child. The court will try to aim to foster good relationships between all parties moving forward. Still, a parent with a strong proven relationship with a child is more likely to be awarded greater custody rights.
4. The Ability of the Parents to Provide a Stable Home Environment
Stability matters. It is one of the most important factors in assessing whether or not a parent can actually effectively care for their child. A stable home environment is essential for a child’s well-being. Courts consider each parent’s ability to maintain a consistent and secure living situation that can support the child’s needs. Specific issues related to stability include:
- Housing
- Financial resources
- Work schedule
- Presence of supportive family
5. The Willingness of Each Parent to Cooperate in Good Faith
Courts value a parent’s willingness to cooperate in good faith to make joint decisions and communicate effectively with the other parent. In virtually all U.S. states, there is a presumption that it is inherently best for a child to have an active, ongoing, and positive relationship with both of his or her parents. A parent who is not willing to cooperate in good faith undermines the goal. Parental cooperation promotes a healthy co-parenting relationship and ensures that the child’s best interests are prioritized. An unwillingness to cooperate may be detrimental to a parent’s custody case.
6. Logistical Consideration (Such as Location and Parental Work Obligations)
Practical considerations—from each parent’s work schedule to the distance between their residences—can impact custody arrangements. Courts strive to minimize disruptions to the child’s life, including maintaining consistency in schooling and extracurricular activities. The ability of each parent to accommodate the child’s schedule and maintain a consistent presence is an important factor.
7. The Child’s Preferences (if Old Enough and Mature Enough)
If a child is deemed mature enough, their preferences may be taken into account in custody decisions. The court will consider the child’s wishes, along with their reasons for preferring one parent over the other. However, the child’s desires will not be the sole determining factor, as the court must balance their wishes with their best interests.
8. Any History of Domestic Violence or Child Abuse
The domestic violence resource organization Safe Horizon reports that 1 in 5 women and 1 in 7 men have suffered serious physical abuse at the hands of a spouse or other intimate partner. Further, Child Protect finds that there are more than 3.5 million child abuse cases reported nationwide each year. Any history of domestic violence or child abuse is a critical factor in child custody decisions. Courts prioritize the child’s safety and well-being above all else.
9. Any History of Substance Abuse or Parental Neglect
A history of substance abuse or parental neglect can significantly impact child custody decisions. Courts will carefully assess each parent’s ability to provide a safe, nurturing environment for the child. A parent with a history of substance abuse may be required to undergo drug testing or treatment to demonstrate their commitment to maintaining a substance-free lifestyle. Parental neglect, on the other hand, can lead to concerns about a parent’s ability to prioritize and meet the child’s needs, which may affect their custody rights.
10. Case-Specific Factors Deemed Relevant By the Court
A history of substance abuse or parental neglect can significantly impact child custody decisions. Courts will carefully assess each parent’s ability to provide a safe, nurturing environment for the child. A parent with a history of substance abuse may be required to undergo drug testing or treatment to demonstrate their commitment to maintaining a substance-free lifestyle. Parental neglect, on the other hand, can lead to concerns about a parent’s ability to prioritize and meet the child’s needs, which may affect their custody rights.
