Child Custody Lawyers

If the parents are unable to agree on custody — a custody battle will ensure — and the Judge will award custody after a hearing is performed.  The hearing is very similar to a trial where both sides will present evidence, witnesses, and testimony to prove that if will be in the child’s best interest to award custody to them.  It is critical to have experienced trial counsel to prevail in a custody battle.  A sound understanding of the rules of evidence and trial strategy is essential to put on a proper case. 

When making custody determinations courts look at a variety of factors, such as:

• The Primary Caretaker.  In many cases, custody will be awarded to the parent who primarily cared for the child before the divorce action was commenced.  This is especially true with breastfeeding and very young children that are not accustomed to the father.  Abrupt custody with the father, could cause emotional harm to the children in these situations. 

• The Stability of the Parent.  The stability of each parent will be examined by the court.  When presenting a custody case, the attorney should place emphasis on a stable home environment, steady job, good routines, healthy lifestyle, and other positive attributes. 

• Drugs, Alcohol and Unhealthy Lifestyle. n Evidence of an unhealthy lifestyle, such as drug and alcohol abuse can be detrimental to a parent in a custody case.  The court will weigh this factor heavily and likely deny physical custody to a spouse that has makes poor lifestyle choices. 

• Mental & Emotional Health. Mental health issues and emotional problems can be detrimental to the upbringing of a child.  If a parent has severe mental illness, this could be problematic for obtaining custody. 

• Physical health. Physical health issues can greatly impair a parent’s ability to care for a child.  Proof of severe physical illness can be detrimental to a parent.

• Physical Abuse. Evidence of physical abuse including spousal abuse or child abuse will weigh heavily in a custody battle.   

• Neglect, Abuse, Abandonment and Interference with visitation rights. Evidence that a parent has neglected, abused, or abandoned a child will weigh heavily in a custody battle.  For this reason, indicted cases with ACS can be very problematic in custody cases.  In addition, evidence that a parent is interfering with visitation (called “alienation”) will be taken seriously.  This includes, bad mouthing a parent to a child, monitoring phone calls, or preventing phone calls. In extreme situations, a parent will instruct a child to hate a parent and say hurtful things to a parent.  Evidence of this in court can be absolutely detrimental to an offending parent. 

• The Child’s preference for a Parent.   The child’s preference to live with a particular parent may be afforded great weight by the court, especially if the child is older.  The child will be appointed an attorney.  If the child desires so, the child’s attorney will state the child’s preferences at the hearing.  The court should examine the reasons why the child has a chosen preference.  If the child desires to live with a parent because that parent does not enforce rules, the court may not give weight to the child’s preference. 

• Th Finances of each Parent. A court may consider which parent is able to best provide financially for a child; however, this factor is not afforded great weight.  

• The Environment at Home. Evidence of a dangerous home environment will weigh greatly against custody.  This can include a parent with a violent boyfriend that poses a risk the physical and emotional well being of the child.

• Education.   Courts often consider each parent’s choice of schooling.  If a particularly school highly outranks another, the court will likely take this into consideration.

• The Location of Siblings.  In many cases, courts prefer to keep siblings together, especially if a close bond is demonstrated at trial.  

• The Court’s observations of the parents.  In almost all cases, courts consider the behavior of the parents to help determine their level of responsibility and maturity.  It is imperative to remain professional at all times in court and to provide the utmost of respect to the Judge.