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Most Important Factors in Child Custody

Child custody is a sensitive case, especially when both parents come up with a logical argument. Usually, the court takes the best decision by considering the child’s best interest. It means they first give priority to the young children's choice, what they want actually, with whom they want to stay. While giving child custody, the court needs to consider many factors how will they handle the custody case.

The factors which are used to determine in Custody Case:

There are some primary factors which are determined in a custody case. These factors help the judge to follow or come up with final decisions:
  • Young children’s age. Usually, the age limitation is 18 age to 21 age. The court will consider any alternative arrangement as the children grow older day by day while the custody case.
  • In the case time, the court wants to know both parents’ financial condition also with their interest that if they're going to keep their children with them or not. It means the wishes of both parents will also be considered in the court decision.
  • The court will also notice the relationship between the young children and each parent.
  • The mental and physical health condition of each parent will be considered in the case time.
  • The court will want to know that if each parent support or facilitate the relationship with children and with the other parent.
  • If there are any past incidents of neglect, abuse, or violence from both parents.

Most Important Factors in Child Custody

There are also some other factors which are considered in the children custody.

Those are followings:

The wishes of the parents:

The court will ask both parents after divorcing that who want to take full custody of the young children. It may be a difficulty for the court decision when both want to take the custody, and it will be an easy decision for the court if one parent will receive full custody. So, in this case, the court will only consider the parents wishes in this decision.

The wishes of the children

Though the court does not put much pressure on the young children, but they always want to give priority to the child’s intentions that what their preference is and with whom they want to live. But if the court notice that the children choose that parent where is a high chance in spoiling then the court will make a different accommodation for the young children.

In short, the court will consider the children’s age while taking any decision and also will notice their wishes.

The relationship between Children and Each Parent

The court will first notice the relationship between the children and with each parent. If the court finds out that the young children are more feasible with one parent and also have a strong relationship with that parent, then the court will allow the full custody on the favor of that parent.

The court will consider awardee other parent visitation rather than custody, and that parent will have to pay the child support also. In this way, the court will give priority if the relationship between the child and with both parents.

Mental and Physical Health condition of children and parent

If one parent is physically disabled and is unable to take care of the young child, then the court will decide something different. The decisions of the court will be considered based on the disabled parent, partial custody, or visitation or child support. If one parent is mentally disabled, then the court will give full custody to the other parent with child support consideration.

The required adjustment

The court will verify how much the child needs to adjust in their life after the divorce of their parents, with whom they feel comfortable living, what they want after their parent’s divorce. The court will make this judgment on the base of this adjustment process.

Allegations or neglect

When the court notices any neglect from any side of the parent, they will reconsider the child custody. If any claims of the from the child or any parent come true, then the court will decide how to arrange the custody.

Conclusion
It is challenging to predict how the custody will take place and how the case will be resolved. Most of the time, the court wants to give the decision for both parents in a joint arrangement. The court will make the decision that will allow the child so that they can grow in a healthy environment.

End-Notes:
  1. https://familylawyerwinnipeg.com/
  2. Lawyers in Ottawa

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