How is Child Custody Determined?
The court's primary goal during a divorce regarding child custody is to protect the child from trauma and protect the child's interests. Absent parental agreement, the court must make the decision regarding children according to its discretion.
In addition to the health, safety, and welfare of the child, the court will also consider several other factors. One consideration is the amount and nature of contact between the two parents. Likewise, drug or alcohol abuse is an important factor as is domestic violence. A history of abuse is a factor regardless of whether the abuse was directed at the child in question, a different child in his or her care, a different child with a relationship by blood or affinity, the other spouse, a co-habitant, parent, fiancé, or individual with whom the spouse has a dating relationship.
In addition, court orders regarding child custody and visitation all contain certain elements, including the basis of the court's jurisdiction, the manner in which notice and opportunity for a hearing were given, a clear description of custody and visitation rights, the child's country of residence, and a provision regarding penalties for violation of the order. Child support is a complex area of Family Law. Sagaria Law specializes in Family Law; call today to schedule an appointment with one of our experienced, knowledgeable attorneys to assist you.