What Are the Deciding Factors in Child Custody?

Courts may hear child custody cases for a number of reasons, including divorce, marital separation and estrangement of unmarried parents. Courts also make child custody determinations when a child's parent or guardian passes away, or is incarcerated, committed or medically incapacitated. Additionally, when a caregiver is charged with child abuse or neglect, the court will hold a hearing to determine whether the child should remain in his or her care.

Best Interest of the Child

The court's primary goal in making a child custody determination is the best interest of the child. Evaluating the child's best interest requires consideration of the child's wishes, educational needs, medical needs and family relationships.

Consistency

When making child custody determinations, courts aim to keep a child's life as consistent as possible. Often, the courts will make custody determinations in a way that will allow the child to remain in the same school and maintain her current residence. If the child has a sibling, the court will also make an effort to ensure that the children are not separated.

Child's Wishes

Particularly in the cases of older children, courts will take the child's wishes into consideration when making a custody determination. In contested custody matters, the court may appoint the child a guardian ad litem who speaks on the child's behalf in court, making recommendations based on the child's wishes and objective observations about what custody arrangement would be in the minor's best interest.

Safety

The safety of the child is one of the court's main priorities, so in cases of child abuse or neglect, preference will be given to a non-offending parent. Likewise, if one parent has been found guilty of spousal abuse or has a criminal record involving drugs or violent crimes, the court may deny or limit custody for that parent. The court may also look at the parents' physical home environment and base custody determinations on whether it means minimum standards for safety and cleanliness.

Parental Factors

The courts consider the child's relationship with both parents. They may also consider the parents' work and business-related travel schedules. If either parent has any chronic health issues that would impair his or her ability to care for the child, the judge may also consider those facts. The court will also look at each parent's ability to meet the psychological needs of the child and consider factors such as gender and age of the child as well as the nature of the parents' lifestyles.