Child Custody: Criteria for a Custodial Parent
Determining who should retain primary custody of a minor child is a difficult matter. Both parents have an equal, separate right to custody, and in many cases, both parents are equally fit to care for the children. Even when both parents meet the state's criteria for child custody, the family court system always considers what is in the best interest of the child to ensure the least disruption in the child's transition during the divorce or separation.
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Stability
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A major factor in determining child custody is each parent's ability to provide the child with the basic necessities. This includes food, shelter and clothing, but also extends to education, medical care, and in some cases, religious upbringing. Finances are rarely considered when determining stability and one parent cannot be denied custody simply because the other parent nets a higher income; child support remedies any problems a non-working parent might otherwise have.
Parent-Child Relationship
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The existing relationship between the child and each parent is strongly considered in custody matters. A parent who stays home to provide care for the child will likely be considered for primary custody first over the parent who works to support the family. This has no bearing on either parent's fitness or ability, but is rather the standard when considering what is in the best interest of the child. Awarding custody to the stay-at-home parent disrupts the child's day-to-day life the least.
Mental Health
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The mental health of each parent will also be considered if there is a question of one parent's psychological status. Depression (including PPD), bi-polar disorder, and similar mental disorders for which the parent is seeking active, effective treatment are not considered detrimental. However, diseases like alcoholism, drug addiction and sex addiction can be detrimental to the child's well-being, and a parent may lose custody--at least until he successfully overcomes the disease--if he is struggling with one of these issues.
Abusive Natures
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Any abusive tendencies in each parent's history will be strongly considered. Parents with a history of child abuse or spousal abuse, even if the child is not a victim of the parent's abuse, are unlikely to receive primary custody. The judge will not consider abuse allegations made during the custody matter as a factor until either the abuse is substantiated or an investigation confirms the allegations.
Criminal History
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A parent with a criminal history is not automatically disqualified from taking primary custody. However, a parent with a history of committing crimes that have and/or could potentially put the child in danger may lose primary custody if the judge believes the parent is likely to commit these crimes in the future. Parents who are currently awaiting sentencing in a criminal matter, who have a good chance of receiving prison time, are also unlikely to receive primary custody.
Child Preference
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Most states allow the child to voice her preference in custody matters if she is of a certain age. In some states, children 13 years of age or older can submit their preference, while other states will accept preference from children as young as 10. The weight of the child's preference in determining primary custody also varies from state to state, although it is rare for a judge to make a decision based solely on the child's preference in any jurisdiction.
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