If you need to prove that you are a good parent in family court, the first step is knowing what family courts want to see. When you know the court’s expectations, you can be prepared to make a strong case for yourself. Here’s what you should know.
When deciding on custody, most judges consider factors such as the child’s age, relationship with each parent, sibling placement, parents’ mental and physical health, and the ability of each parent to care for the child.
In high-stakes, contentious custody cases, judges may request a child custody evaluation by a qualified expert, such as a forensic child psychologist, who can assist in their decision-making.
If you are facing a child custody situation, the best action is to consult an experienced family attorney immediately.
This way, you can clearly understand your situation and available options and make informed decisions.
Here’s What Family Courts Look For
The family court system is designed to resolve disputes related to family law matters, including divorce, child custody, child support, and adoption.
When making decisions in these cases, family courts are required to work in the best interests of the children involved.
But what exactly does the court look for when determining the child’s best interests?
Most judges consider the following factors when making their decision:
- The child’s age,
- Relationship with each parent,
- Sibling placement,
- Parents’ mental and physical health,
- And the ability of each parent to care for the child.
By understanding each of these factors, you can better prepare your case and present your argument in a way that supports your position.
The Child’s Age
The idea that young children can only stay with their mothers is now considered outdated. In some states, judges can consider the child’s age when deciding custody. Here are a few examples:
- It is believed that children under two must maintain a strong bond with both parents. This is why, unless presented with evidence that one parent can’t fulfill their obligations, the judge will favor frequent visitation and minimal separation from either parent.
- Children from ages three to seven are thought to tolerate separation better. However, judges usually prefer a consistent schedule and structure, so a judge will generally decide in favor of frequent communication with both parents.
- Children aged eight to eleven are considered more independent and can spend more time away from either parent. It is also an age when the child’s preferences are considered.
- Visitation schedules can be more flexible with children over the age of twelve. The court will also consider the wishes and needs of the child when making a custody ruling.
The Child’s Relationship with Each Parent
Most courts favor frequent and uninterrupted communication of a child with both parents. There are several factors a judge will consider here:
- They evaluate the parents’ history of cooperation and willingness to support each other’s relationship with their children. This may involve assessing actions such as interference with visitation or bad-mouthing the other parent in front of the kids. Cooperative parents are likely to have an advantage in custody disputes, while those who undermine the other parent’s relationship with their children may face unfavorable decisions.
- Judges also consider each parent’s previous involvement in their children’s lives, including day-to-day caretaking responsibilities. Suppose a parent suddenly shows a strong interest in spending time with the children after the marriage has ended. In that case, the judge will evaluate that situation to determine if the parent requesting custody is genuine and reliable.
- In cases of abuse or neglect, the abusive parent’s contact with the children will be limited. Any visitation granted will typically be supervised and structured to protect the children’s safety. Domestic violence against the other parent, especially if witnessed by the children, may also be a factor in custody decisions.
Sibling’s Placement
Courts generally try to keep siblings together in custody arrangements. Still, exceptions can be made if separating them is in their best interest or the children prefer it.
This can be the case when one sibling poses a threat to the safety of another. In these situations, a judge may separate siblings and consult with a mental health professional.
In these cases, the court’s decision is based on the child’s well-being and not solely on the child’s preference.
Parents’ Mental and Physical Health
Parents’ mental and physical health is also a significant factor in child custody cases.
Judges may order parents to undergo therapy or counseling or implement measures such as drug testing or monitored visitation when their mental health or substance abuse raises concerns for the child’s safety.
A parent’s relationships with others, including non-marital sexual partners, can also be considered.
A parent’s physical health, including untreated health problems and disabilities, can impact their ability to care for the child and will be considered.
Family support also plays a role in such cases.
The Ability of Each Parent to Care For Their Child
Judges consider each parent’s ability to comply with a parenting plan and income when making child custody decisions.
The level of family support can impact a judge’s decision, as it can affect financial or childcare assistance.
These factors can strengthen a parent’s case for sole or primary custody.
The court’s goal is to allow each parent the maximum time with their child, except when it is not in the child’s best interest.
For instance, if a parent’s job hinders them from picking up the child from school and lacks family support, they may be awarded partial physical custody during the summer months.
The child should reside primarily with the parent better equipped to meet their needs throughout the year.
Click here for more information about the family court process and what happens in a child custody case.
Should I Hire a Custody Lawyer?
Hiring a custody lawyer depends on your specific situation and needs.
If you are involved in a custody dispute, have concerns about your children’s safety and well-being, or need help navigating the legal process, it is best to hire a custody lawyer.
Our Unbundled attorney will provide legal advice, represent you in court, and help protect your rights and interests.
However, it’s possible to represent yourself in a custody case if you feel comfortable doing so and have sufficient knowledge of the legal process.
Are Custody Lawyers Expensive?
The cost of hiring a custody lawyer will vary depending on the complexity of your case. On average, lawyers charge a flat fee of $3,000 to $5,000 or more, plus an hourly rate of $300 to $500 for extra work needed for your case.
You can however, substantially reduce your burden by using an affordable attorney through Unbundled Legal Help.
Unbundled Legal Help’s network of attorneys offer payment plans and unbundled legal services, where you delegate specific tasks to your lawyer and handle the rest yourself.
This can save you $1,000’s on upfront fees or on the total cost of your case.
While unbundled legal services may not be appropriate in every case, they can be affordable, especially if your custody battle is less complex.