How to Determine Factors in Child Custody Cases

Crafting an appropriate child custody order for your children.

Although there are some minor differences from one state to another, child custody laws largely are the same in all U.S. jurisdictions. Specific factors exist dictating the manner in which judges craft child custody orders. All of the factors that play a role in determining child custody in a particular case focus on what is in the best interest of the child. Protecting the health and welfare of the child is the paramount concern of child custody laws as applied in orders issued by judges in divorce and paternity cases.

Instructions

1. Obtain a copy of the child custody guidelines from the court clerk where your case pends. Most courts in the U.S. craft child custody guidelines based on the laws of their particular state. The child custody guidelines provide you essential directions on the factors considered to make appropriate decisions regarding custody of a minor child.

2. Determine which parent historically provided primary care for the child. In most situations, one parent spends more time providing care for a child on a day-to-day basis. A court tends to give at least some preference to the historic primary caretaker of a child in crafting a child custody order.

3. Evaluate the physical and mental health of all parties, including both parents and the child. One parent may be better able to address issues associated with a special-needs child. At the other end of the spectrum, one parent may be more physically or emotionally fit to provide quality care for a child on a day-to-day basis.

4. Weigh the residential options offered by each parent. In determining custody, courts pay attention to which parent offers a residence that is most suitable as a home for a child. For example, a parent with a studio apartment does not have the type of home most suitable for a child on an ongoing basis.

5. Analyze which parent is more likely to provide the other parent with regular access to the child for visitation.

Tips & Warnings

• Child custody cases are emotionally challenging and legally complex. Retaining the services of an experienced lawyer is wise if you face this type of litigation. Local and state bar associations maintain directories of attorneys in different practice areas. Contact information for these organizations is available through the American Bar Association.

References

• Cornell University Law School: Child Custody Overview
• "The Child Custody Book: How to Protect Your Children and Win Your Case"; James W. Stewart; 2000
• Connecticut Judicial Branch: Child Custody and Vistation in Connecticut
• "The Art and Science of Child Custody Evaluations"; Jonathan W. Gould & David A. Martindale; 2009

Resources

• New York Court Help: Child Custody & Visitation
• American Bar Association: Directory of State and Local Bar Associations