Divorcing parents may have the option to create a child custody arrangement without going to court. However, if parents disagree about the custody arrangement, a judge may create a custody order. A custody order can define the child custody rights and obligations of both parents.
There are several factors that can influence a child custody order. Most importantly, a judge will consider what is in the child’s best interests. Here is what you should know:
Factors that can affect a child custody hearing
A child’s best interests take into consideration a child’s safety, well-being and upbringing. Parents may need to attend a custody hearing and present evidence that the plan they are pushing is in their child’s best interests. Here are some factors a judge may consider:
- Can parents work together without fighting?
- Do the parents have a close relationship with their child?
- Can each parent provide for their child’s needs (food, clothing, shelter, etc.)?
- Does each parent have a stable and safe home?
- Does the child have a close relationship with extended family or the community?
- Does either parent have to travel frequently for work?
- How far does each parent live from the other?
- Does either parent have physical or mental health conditions?
- Does a parent have a history or show signs of abusing their child?
- Does a parent have a criminal history?
- Does a parent have a substance abuse problem?
A parent may present evidence that attempts to take custody rights away from the other parent. It is crucial to come prepared for a child custody hearing.