Child custody is always an emotional legal battle. In fact, according to the website of Marshall & Taylor, P.C., it is frequently the most contentious issue that arises during a divorce proceeding. Of course, this is just understandable. This is your children we are talking about, and as much as possible, you would want to stay with them as long as you can, and you would want to minimize how they are affected by the separation of their parents.

But how is child custody even decided? There are various factors in consideration, but mainly, child custody is decided with the best interest of the children in mind. But what really constitutes best interest? Below are some factors that may give you a better understanding.

Parents’ ability to provide

Each parent’s financial standing is taken into consideration, as well as factors that may help sustain or increase this standing, such as the parent’s profession, job stability, skill marketability, age, and health in relation to earning capacity. But it is important to note that this is not mainly about the parent, but about the children, and how they can be more secured when it comes to food, shelter, security, education, health, and other aspects of a dignified life.

Parents’ relationship with children

Both the mother and father have some level of sacrifice for their children. It is often not a contest that will give them bragging rights, but just a genuine sacrifice because of love. But this can also be a deciding factor in child custody, as courts may favor those who have better relationships with their children and those who have sacrificed more, such as those who are the ones always feeding the children and giving them emotional support.

Parents’ willingness to cooperate

There are different kinds of custodies, such as physical, legal, joint, and sole. Parents who show signs of cooperation during the court proceedings may receive more favorable decisions from the courts. Again, this is for the best interest of the children, because the willingness of their parents to cooperate show emotional maturity and willingness to minimize how the children are affected by the separation.

Children’s choice

Nothing speaks best interest more than the children’s preference. Their choice is always taken into consideration, but they don’t weigh much compared to the parents’ ability to provide. This is because at the end of the day, the children’s choice may not represent their best interest.


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When parent’s divorce, there are many factors to consider regarding the logistics of their child/children’s lives. After getting divorced, parents must make decisions for the child that support their educational, emotional, physical, and medical needs. To do this, child support rates are a predetermined, legally binding amount set to financially provide for different aspects of a child’s life. Typically, there is a “giving” parent and a “receiving” parent. The amount is set upon the parent’s agreement, however if surrounding circumstances change, it may need to be modified.

Rates are determined by a set of factors, including: income, deductions, childcare expenses, and health care expenses. However, these determining factors can fluctuate. When this occurs, it is the parents’ responsibility to agree on a new amount for the non-custodial parent to owe. This process of changing previous contracts can get quite nasty and drawn out if the right legal action is not taken.

Income, loss of income, and health care are three finances that can fluctuate in price. According to the website of Alexander and Associates, an increase in child support rates can result from a higher cost of healthcare or the paying parent’s increased income. Inversely, they can decrease in the events of a receiving spouses remarriage, or paying spouses decreased income.

After determining a rate, parents must seek court approval of the agreement. During this stage, a judge must find that it is in accordance with state regulations. In some cases, if the paying party fails to meet their responsibilities, they can be held legally accountable.

The website of Arenson Law Group, PC family lawyers cites the logistical and emotional struggles of going through a divorce. The divorce process can be extremely stressful and energy draining. Furthermore, when dealing with complicated matters such as child support, navigating the legal web of information and regulations can be difficult. Contacting a family attorney can ensure your interests are reflected in your child support agreement.


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