Segal Law – Factors to Gain Child Custody

August 11, 2022 Blog No Comments »

When you are going through the process of determining custody during a separation or divorce, it may seem random as to exactly how the child custody arrangement is decided. There are a few factors that go into the process to make sure the best interests of the child are being met with the arrangement. Here are the factors the courts will look at when determining child custody arrangements.

Biological relations

The biological relationship of a parent/guardian to a child is one of the factors considered when talking about custody but it is not given priority in terms of determining the best interests of the child(ren) involved. The best interests of a child are still the number one priority, and they may supersede any type of biological relationship, or blood ties as it is sometimes called.

Age of the child

At one time, during divorce proceedings, the age of the child(ren) involved was a major factor in determining their best interests and what the custody arrangement should look like.

Now, however, it has been shown that fathers are just as able to care for young children as mothers are and so the age of the child is no longer a factor in determining who should gain custody.

Previous conduct of one parent

Unless the conduct in question is related to domestic violence or abuse towards the other spouse or child involved, previous conduct cannot be used as a factor for determining custody of a child. It would have to show that the conduct of the parent in question would seriously jeopardize their ability to take care of and provide adequately for their child(ren).

Only spouses can apply for custody

Some children are very close to aunts, uncles, grandparents and other family members. However, when going through divorce or separation it’s not likely that anyone other than the two spouses, or assumed parents, of the child can apply for custody.

There are some rare exceptions to this, however for the most part it would only be one of the parents who is awarded custody, or sharing custody, of the child.

Decisions without the court

Spouses do not have to involve the court in child custody arrangements if the two people involved can come to a mutually agreed upon arrangement.

Determining custody it this way is usually the least disruptive to any child(ren) involved and it can help to build a positive co-parenting relationship. When custody arrangements are handled by a court of law it can become tense between spouses and cost thousands of dollars in legal fees.

If an agreement can be made outside of court, then it will be put in writing and both sides will sign it so that one side can’t just change it and both will know what they agreed to.


Contact Segal Law today

If you have questions about your custody arrangement or what to expect during your separation, contact Segal Law today to speak to a family lawyer. We have the experience to walk you through this process and explain the best possible outcome for your situation. The main goal is always to make the arrangement so it is in the best interest of the child(ren) involved.

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