Faupel Musser Love, P.C.

Child custody, living situations and factors the court considers

When seeking custody of your children in a divorce case, the court is going to carefully consider a lot of different factors to decide what is in the best interests of the children. Parents are naturally biased. While the court does want to keep families together and both parents involved, the children's best interests must come first.

One thing that the court considers is the living situation itself. Factors that play into this decision include:

  • How much privacy the child can have. This is especially important for older children and teens.
  • How many other children are living in the house. This can be important when divorced parents have children from other relationships who share their homes.
  • The gender of the child. This is related to the privacy issue, especially when the gender of the child and the parent are different.
  • The child's age. Young children typically need far less space than older children.
  • The parents' financial situations. Are you able to care for the children and provide for them? Can you give them a stable home life and meet their needs? Money isn't everything, but it does have an impact.
  • The parents' health. Some parents are not in good physical condition and may have trouble caring for a child. This can make a difference in where the child lives most of the time.

These are just a few factors, and they help to show how the court approaches these situations. It is very important for you to understand all of your legal options and your rights during a custody case.

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