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The Various Factors the Court Considers When Determining Child Custody

Last updated 5 years ago

The dissolution of a marriage is often a complicated process, especially when children are involved. In addition to determining your child support responsibilities, the court will take several factors into consideration when determining child custody. Continue reading to learn more.

The Best Interests of the Child

The court determines child custody in accordance with the best interests of the child . Child custody cases that involve an older child often allow the child to state his or her preferences regarding joint or sole custody and which parent he or she would rather establish a primary residence with. However, there are a number of other aspects taken into consideration. These include the wishes of the parents and the proposed parenting plan submitted by both parties, the needs of the child for frequent and meaningful relationships with both parents, and the parents’ willingness to actively perform their responsibilities as mother or father. Additional factors that the court will take into consideration include the interaction of the child with the parents and other siblings, the child’s ability to adjust to a new school or community, and the intention of either parent to relocate the child.

The Suitability of Each Parent

There are certain things that may dissuade the court from awarding custody to either parent. These include any history of mental illness, physical abuse, sexual abuse, domestic violence, alcoholism, or drug use. In addition, the court will not award custody or unsupervised visitation of a child in the event that a parent or a person residing with the parent was found guilty of certain crimes, including some misdemeanors and felony convictions.

Whether you’re struggling to obtain sole custody or joint custody, or want to alter your visitation rights, the family lawyers at Blumberg & Associates in Phoenix are here to help. We also provide legal representation for DUI cases, personal injury, and criminal law. Learn more about your options by contacting us at (602) 277-6180.


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