Child Custody – who gets the kids after the Divorce?
There is no presumption that the mother would provide the best home for a child. Men can, and do, seek full custody every day although it may take a significant fight.
The standard is “the best interests of the child”
This standard allows for WIDE discretion in the court, which looks at:
- The love, affection, bonding, and emotional ties existing between each parent and the child, and the child and any siblings
- The capacity and disposition of each parent to give the child love, affection, and guidance and to continue the education and rearing of the child
- How well you know your child and your child’s needs
- The capacity and disposition of each parent to provide the child with the necessities of life, with consideration made for the potential payment of Child Support by the other parent
- The home environment of each parent, not focusing on superficial or material factors
- The importance of continuity in the child’s life
- The stability of the family unit of each of the parents
- The mental and physical health of each parent
- Each parent’s involvement, or lack thereof, in the child’s education, social, and extracurricular activities
- Each parent’s work schedule and if that provides for flexibility to care for your child
- The home, school, and community record and history of the child, as well as any health or educational special needs of the child
- Each parent’s past performance and relative abilities for future performance of parenting responsibilities
- The willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent, consistent with the best interest of the child
- Any recommendation by a court appointed custody evaluator or guardian ad litem
- Any evidence of family violence or sexual, mental or physical child abuse or criminal history of either parent; and
- Any evidence of substance abuse by either parent.
Domestic Violence by either parent will weigh heavily in the court’s decision.
The Trial Lawyers of The NA Firm
You can count on the trial lawyers of The NA Firm to be ready and willing to take your fight for custody all the way to trial. If you think it’s in your children’s best interests to live with you, so do we.