Generally speaking, most courts will consider the best interests of the child or children when making decisions on child custody questions. How is child custody determined in Boise and Nampa ID?
That being said, any number of factors can also come into play, and since every custody hearing presents its own unique challenges, it can be extremely difficult to predict exactly which ones will be given more attention by the judge in question.
Still, some common factors that regularly come into consideration can include:
Abuse and Neglect
No judge in any U.S. court will tolerate situations where abuse, neglect, or any kind of domestic violence comes into play. All courts will view such signs as proof of an unfit living arrangement for the children in question.
Child Need Basics
The court will want to know the basic food, shelter, clothing, and medical needs of the child or children will be addressed by the living arrangement. Proving those needs can be successfully addressed does not necessarily require an excessively positive action; the parent and/or guardian in question will likely not have to provide name-brand clothes and live in a three-story mansion, for example.
If the children in question have specific living needs, such as ready access to specific medical treatments or specialized living requirements, the court will take those needs into consideration.
Mental Health
What kind of impacts will the living arrangements have on the child’s mental well-being?
Will resetting that arrangement improve or worsen their mental health? And what kind of long-term effects could occur? A court will want the environment of the children to be anxiety free so that post divorce the children can thrive.
Child Preference
In some cases, the court may take the child’s living preferences in mind. This factor may clash with other considerations, however; the child may prefer Spouse A, who currently has a job that requires excessive travel and very little time at home.
It should be noted here that most judges will likely consider other factors as carrying more precedent over the child’s wishes, especially the basics and the ability of the parent/guardian to care for the child to the best of their ability. Still, the child’s wishes could also be a deciding factor.
School Preference
Every child needs access to an education, which can be heavily impacted if the court decides to uproot the child from their familiar school and/or academy.
For example, if the court assigns primary custody to Spouse A, relocating the child to Spouse A’s new home might move them outside the educational district lines and require the child to attend a different school. Such a move could impact the mental health of the child.
On the other hand, a joint custody agreement might allow the child to maintain their current school assignment, which the parents and judge could reassess at a future date. Such an outcome would preserve the immediate educational challenge.
Relationship between the Former Spouses
The relationship between the divorcing couple can play a huge role. Do Spouse A and Spouse B get along well enough so that the divorce has minimal impact on the child’s health and safety? A judge will want the parents to work cooperatively in raising their children and may institute guidelines or requirements to ensure that.
To find out more, contact Jacobson & Jacobson PLLC today.
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