Who can get custody of the child in a divorce?

custody of the child in a divorce

There are inevitable situations in marriages and it could sometime cause separation and divorce. In the event that you have children, this will bring about child custody disputes and obviously as a parent you want your kid to stay with you. There are a few things you can do to make sure you are granted the custody of your kid.
One of the most troublesome aspects of divorce is the issue of who will get the kids. This is the most important factor that tends to complicate divorces since both generally want full or joint custody. If your fright is that you will not see your kid after divorce, you must find out what the judge typically looks at to decide child custody. It might also pacify your fears to see what the judge will probably ignore when making this verdict.

Determining the Child’s Primary Caretaker

When it comes to kids, everyone involved in the case needs to be looking out for the child’s best interests. For this reason, in most cases, the person who is normally with the child has a good chance of getting custody. So if you are considered the primary caregiver, you are likely to get custody after divorce.

A primary factor in choosing who gets custody of a kid after a divorce depends on who the main caretaker is. This is the parent who does the greater part of childcare jobs, for example, taking them to school or preparing meals and in addition the one who shares a closer emotional connection with the kids. If both the parents can come to a mutual conclusion without the court’s involvement, then the court will just approve any sensible plan.

Though, courts will consider various aspects to come to a decision about who the main caretaker is when there is a disagreement. In particular, the court will need to know which parent handles the below mentioned of parenting errands:

  • Grooming
  • Bathing
  • Preparing meals
  • Making them eat if the child is small
  • Taking them to School
  • Healthcare decisions
  • Helping them with homework
  • Teaching basic skills

The Best Interests of the Child

Of course, some other details will be considered. You need to be able to continue to provide a loving and safe atmosphere for the child. In addition, you should make sure you are allowing the other parent to see the child, as long as you are not concerned for the child’s safety in the care of your former spouse. Most judges like to see parents cooperating with each other to take care of the kids, so you may give a positive impression to the judge when you try to make sure your child gets to spend time with the other parent.

Regardless of what the court, at last, chooses in a custody hearing, it is required to discover an answer that is in the kid’s best interests. Kids over a specific age (yet still minors) may verify on behalf of themselves in most states.

Courts will check the below-mentioned aspects before giving a kid’s custody to a parent:

  • The physical & mental health of both the parents
  • Child’s special requirements
  • A stable healthy home environment
  • Kid’s wish
  • Relationships with other household members
  • Proof of alcohol or drugs abuse

As long as you show a desire to provide a safe, loving environment for your child, you still have a shot at getting custody after divorce. You just need to find a reputable divorce lawyer who has experience with custody cases.