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The Firm |
Child Custody and Support |
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Child Custody
Custody Decisions: Factors to Consider
In deciding who will have custody, the courts evaluate various factors. The overriding factor is always the child's best interests, although that can be hard to determine. Often, the court looks at which parent has been the child's "primary caretaker". If the children are old enough, the courts will take their preference into account in making a custody decision.
Although the "best interest" standard does vary from state to state, some factors are common in the best interest analysis used by the individual states, including:
Wishes of the child (if old enough to capably express a reasonable preference);
- Mental and physical health of the parents.
- Religion and/or cultural considerations.
- Need for the continuation of a stable home environment.
- Support and opportunity for interaction with members of extended family of either parent.
- Interaction and interrelationship with other members of household.
- Adjustment to school and community.
- Age and sex of child.
- Parental use of excessive discipline or emotional abuse, and Evidence of parental drug, alcohol or sex abuse.
When parents divorce, the divorce decree will specify with whom the divorcing couple's children will live (and the circumstances under which the other parent will visit with the children). Often, parents work out these arrangements together, either voluntarily or with the assistance of their attorneys or a mediator. If the parents are unable to reach an agreement the court may intervene and make a decision based on the child's best interests.
In most situations, physical custody is awarded to one parent with whom the child will live. The custodial parent shares "legal custody" of the child with the non-custodial parent. "Legal custody" includes the right to make decisions about the child's education, religion, health care, and other important matters.
Some parents have chosen a joint-custody arrangement in which the child spends approximately the same amount of time with both parents. Supporters of this arrangement state that it lessens the feelings of loss that a child experiences in a divorce. Critics, however, say that it is best for the child to have one home base, with visitation rights allowed to the "non-custodial" parent. Joint custody requires a high degree of cooperation between the parents, courts are reluctant to allow this unless both parents are in agreement and can demonstrate the ability to make joint decisions for the child's well being.
Child Support
In proceedings under this chapter, the court may at any time order either or both parents to pay child support in accordance with the guidelines in s. 61.30.
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