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Going through a divorce can be emotionally and mentally draining for you and your child. During this process, you want to ensure that you continue to play an active role in your child’s life. This will not only help your relationship with your child, but it will also help the court see how important you are in your child’s life. When the judge is evaluating your case to determine which parent should receive custody of the child, he or she looks at a variety of factors. No matter what the circumstances of the custody dispute are, the court will rule based on what they believe is in the best interest of the child.
The court will first look at the parents, their lifestyles, how they are mentally, physically, and emotionally, and how stable their living conditions are. They will also ask themselves a few important questions to determine which parent should receive physical and legal custody, as well as how much the non-custodial parent should pay in child support. For example, they will ask how the child’s relationship is with each parent and which parent will have the most stable home environment. The court will also consider the employment status of the parents, any type of drug or alcohol abuse, or any illness the parent may have that will affect the living conditions of the child. If the child has any special needs, the judge will want to know which parent will be able to meet the needs of the child. These factors are considered the “12 Best Interest of the Child” factors and are all equally important.
If you’re a divorced father seeking full or partial custody, you need the help of an experienced family law attorney so that you can effectively communicate to the court that you, and not your ex-wife, are most capable of meeting the needs of your child. At Bailey Smith & Bailey, our attorneys have extensive experience protecting the rights of fathers in all aspects of family law. Contact us today to request a consultation with an experienced attorney who is ready to build your case.