Divorce can be especially trying on couples who have children. While each spouse likely believes he or she deserves custody, the court considers the best interests of the child before awarding custody. Like most aspects of family law, issues regarding child custody can be complicated. As a result, you should retain a knowledgeable family law attorney as soon as possible if you are going through a divorce.

Following are some of the factors the court considers when awarding child custody:

  • The preference of the child if he or she is old enough
  • The home and environment each parent will provide for the child
  • The mental, physical and emotional state of each parent
  • Whether either parent has a history of abusing the child
  • Whether either parent has a history of drug or alcohol abuse
  • Whether either parent has a history of domestic violence
  • Whether either parent has a criminal conviction

At the end of the day, every child custody case is different. The above list of factors is not comprehensive. The court always considers the welfare of children above all else when determining which parent should be awarded custody. It is essential to work with an experienced and knowledgeable lawyer when pursuing your desired child custody arrangement. Your attorney can present the most compelling case for you to have custody — and preserve the best interests of you and your children.

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Last update of the article: 07/08/2020

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