When both parents envision having custody of their children after a divorce and have different beliefs as to how they should be raised, it can create some difficulty in deciding child custody. If custody is not easily established, parents may need to present their case during a court hearing. What parents will often need to demonstrate is that they have their child’s best interest in mind.
What does it mean to have a child’s best interests? This is not clearly defined, and every case is unique. Here is what you should know:
Making a case for child custody
During a court hearing, parents can negotiate what is best for their children’s upbringing. A few factors parents can show during a custody hearing include:
- A parent’s ability to provide for a child’s basic needs
- A parent’s ability to gain a substantial income
- A child’s educational opportunities
- A parent’s relationship with their child
- A child’s relationship with their extended family
- Evidence that a parent is the primary caregiver
- Home stability
- A parent’s emotional and physical well-being
Supporting documentation can also strengthen a parent’s case, such as child-related expenses or a parenting time journal.
What can negatively impact custody?
Some evidence may hinder a parent’s eligibility for custody. This evidence can include:
- A parent’s criminal history
- A parent’s history of abuse
- A parent’s inability to keep a stable job
- A parent’s physical and psychological condition
- Evidence of parental neglect
Parents often have time to gather evidence before a custody hearing. Legal guidance can help parents understand what is expected of them during a custody hearing.