Criteria Used to Determine Child Custody and Types of Custody

When we talk about divorce, people generally relate it to a couple who wants to get separated. But, don’t you think that children (if there are any) should be focused on as well? Of course, it should be this way! Everyone talks about how the parties seeking divorce go through a lot, but on second thoughts, they are at least mature enough to get a hold of the situation.

According to us, children get the most affected by their parent’s divorce but sadly they are overlooked (at least in the traditional divorce method). When the kids are taken into account, the question that arises is how the child custody will be decided. Whether one of the partners will get custody or will they apply for joint custody is something that comes to mind, right? Read on to know in detail about how a child’s custody is decided, which criteria are taken into account and what types of custody are available.

Child Custody: What Are The Criteria Considered?

Are you wondering what are the criteria that the judges consider while giving a decision in a child custody case? Well, let us tell you about some of those criteria.

  • Any concrete proof of abuse, maltreatment, or domestic violence on the part of either parent.
  • What impact either maintaining the existing custody arrangement or changing it will have on the kids?
  • The ability of each parent to meet the physical, mental, and medical requirements of the kids.
  • The testimony of character witnesses for each parent may also be taken into account by the court.
  • How old the children are?
  • A stable, nurturing atmosphere must be provided by both parents. While making a decision, the court will frequently request that both parents participate in a child custody assessment so that it may understand more about this element of the case.
  • With whom the kids want to live in case they are considered old enough.
  • The degree to which the kids have adapted and become attached to their house, school, and neighborhood.
  • The living areas of each parent’s house, and the courts may occasionally inquire as to whether each child will have a separate room.
  • The kid’s well-being along with each parent’s physical and mental health.
  • The nature of each parent’s relationship with their children.
  • The parents’ readiness to encourage and facilitate their kids’ continuous relationships with one another. The court is interested in knowing that neither of you will obstruct your children’s contact with your ex, so this is important.

Child Custody: What Are Its Different Types?

There are various kinds of child custody available that include:

  • Legal Custody

Under legal custody, one parent is allowed to make the important decisions related to the child’s upbringing and future in the long run.

  • Physical Custody

Physical custody is the type in which it is decided where and with which parent the children will live on a regular basis.

  • Sole Custody

Under sole custody, only one parent holds the custody rights of a kid and this happens mostly when the other parent is abusive.

  • Joint Custody

This is the most balanced type of child custody as it allows the child to live with both parents by splitting time.

The Bottom Line

All in all, we can say that the court makes the final judgment after considering various criteria including the ones mentioned above. If you require guidance and support in your child custody dispute, it is crucial to connect with experienced child custody lawyers. Also, we hope that you have a clear idea of all the types of child custody that are available for partners heading for a divorce.

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