Experiencing a separation with your partner, whether married or unmarried, is never easy, and this is even more difficult when a child needs to be taken into consideration. Battling for custody can be an arduous journey, and it’s always helpful to know what will be taken into account if you find yourself in a court for parental responsibility.
There are many factors that can influence a judge’s decision. Here, we explain what those factors are and how living conditions affect child custody decisions.
When two people separate and are both responsible for a child, a custody decision is required to decide who will have responsibility for the child and what the rights are of each individual. Sole custody is when one party has complete custody of the child, while shared custody means both parties can have access to the child and share the responsibility.
In some cases, both parties may not be able to come to an agreement in regard to the custody arrangements. This may happen if the separation is less than civil, and both parties may be fighting for sole custody of the child. This is when a custody battle occurs, in which those involved will need to go to trial to decide on the custody arrangements.
The general consideration for this decision is what is in the best interests of the child.
Any child custody decisions will depend largely on the particular circumstances of the separation and what kind of agreement can be reached by court order if informal discussions haven’t been successful.
When granting custody, a judge’s priority will always be the welfare of the child in question. This also includes taking into consideration how the child feels and what they want. In making a decision, the judge will need to consider the emotional, physical, and educational requirements of the child and how a custody arrangement would affect these requirements. The child’s safety, and the importance of having their needs met by the parent, will need to be called into question, as well as important lifestyle and financial considerations.
The judge’s priority, as mentioned, is the safety and well-being of the child. There are a lot of hazards related to a living situation, outside of what a parent can provide or what the emotional needs of the child are.
A child’s home needs to be safe and secure, which also refers to the neighborhood in which they live, the condition of the housing (such as being exposed to structural damage or anything which can be harmful to health), or having enough space in a home to raise a child in a healthy way.
This means that even if a parent can fulfill the emotional and financial needs of a child, and that child may prefer to live with a particular parent, this can still be affected if the parent in question lives in a dangerous neighborhood, has a property which does not have enough room for a growing child, or has a home environment considered unsafe.
Living conditions that will need to be taken into account, and which can affect child custody decisions, include:
Enough Sleeping Space
Children living or staying overnight at the property will need to have adequate space. This means their own bed and space to sleep safely, and not sharing a small bed with the parent or other children, for example.
Nearby Schools
A child’s development and education are important. It’s key for a judge to avoid changing a child’s school and taking them away from friends. However, if a move needs to be made, it’s important for the child to have access to quality schooling in the area.
Privacy
This is particularly important for an older child, such as a teen. Having their own bedroom is important for an older child, as well as having enough space to grow and take part in hobbies as part of their routine.
Financial Situation
A parent would be expected to be able to uphold the household bills and living costs associated with raising a child in their home.
Type of Property
Your living situation may see you living in a house, flat, camper van, or even a houseboat. Type of property will need to be taken into consideration, as some would be more suitable for a child than others.
With safety and comfort being the top priority, a living situation suitable for a child will be one that ideally matches the following criteria:
In Closing: Find an Experienced Family Lawyer with The Spagnola Law Firm
If you require any legal advice and representation for a custody arrangement or would like to find out more about how child chcustody decisions are made, speak to one of our Greensboro family law representatives at The Spagnola Law Firm.
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