Family Law

How do judges decide a child custody case?

By February 11, 2022February 18th, 2022No Comments

It is crucial and delicate to make the right decision for the child’s well-being when it comes to child custody.

The decision made by the court is based on the best interest of the child. There are many aspects at which a judge looks before coming to any final decision. In order to see with whom the child can have a better future, the judge makes sure to thoroughly examine both of the parents. Every parent has the right to fight for the child’s custody, and that is why they take the support by hiring an experienced attorney. It is easier to walk through a child custody case with realistic expectations after hiring a qualified attorney.

 

An experienced legal professional understands the requirements to win the case. They know that the court and the judges will favor the custody of the parent that can provide a positive and supportive environment to the child. There are many other substantial factors in child custody. A court normally decides to share custody so as not to entail a needless loss of contact between the child and parents. Counties legal systems differ; they undoubtedly follow the same conventions. They vary in the laws and the factors that determine a particular decision. If you live in Pennsylvania, there are some other factors considered while deciding the custody of a child.

 How is custody decided in Pennsylvania?

It is a challenging task for judges to award custody to any parent. Thus, there are a set of rules or factors that are the foundation for deciding the possession of a child.The court assesses the relationship between each parent and child, and the judge analyzes the quality of the child’s relationship with each parent. Below, you will find some of the qualities judges look at. 

 

  1. The judge verifies the party’s background and its household members to check present, past abuses by the party. 
  2. They evaluate whether there is any risk to the child and get the appropriate physical safety.
  3. The judge puts weighted consideration on the child’s attachment towards both the parents. This factor also determines the child’s custody because separation from the parent can cause mental distress.
  4. Both parental duties are a substantial factor in determining who gets custody. 
  5. Courts focus on keeping the siblings together and are not in favor of their separation.
  6. Judges always look if the child has an extended family. They understand that a network of the family from any parent’s side gives the child the required social and emotional support.
  7. While deciding the child’s custody, judges consider each parents’ capacity to take care of the child’s well-being. Judges put consideration on the income of each parent.
  8. They consider a child’s preference based on the maturity of the child.
  9. As child custody is a sensitive matter, judges consider the parent who can provide basic needs like healthcare, a comfortable environment, and access to good food and proper clothes.
  10. Judges look at the other relationships of both parents that include non-marital, sexual relationships. If any parent has a company with criminals or has any sexual partner, the court passes a judicial review or strict scrutiny. The judge has the authority to restrain the parent from such activities if the child is in their custody.
  11. Attempts to maintain the psychological health of the child. It is also vital to check whether the parent uses bad words to turn the child against the other parent, except if the situation is domestic violence and taking care of the child from negativity.
  12. Which parent party can provide love, time, and moral support to the child and help understand the mature relationships.
  13. Both parents are willing to handle the situation with full cooperation. They check the rate of conflicts.

An investigation of both the parties for indulgence in alcohol, drugs, and other abusive activities.The court always remains gender-neutral and decides for the best of the child. The judges will analyze each parent’s role in the child’s life.

Wrap up

With the factors discussed above, you may know the foundation of what determines who gets custody. If you wish to win your child’s custody battle, you must be aware of these factors as well as others that may increase your chances. Coming to a final decision and not mistaking handing over the child’s control is challenging for the judge. In addition, it is a challenging and emotional situation for parents and their children. You can win the case by hiring an experienced attorney to help you understand the strategies to win your case. If a parent is unfit mentally or physically, it can be proved as in capabilities in front of the court. Hence, an experienced attorney will help you go through this challenging landscape.

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Arif Lundy

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