The court makes the ultimate choice about which parent a kid will live with following a divorce, giving the child’s best interests top priority. However, when the youngster becomes older, their choices can be given more consideration when the court makes decisions. Once you have divorced with the guidance of a contested divorce lawyer in Huntsville, AL, the extent to which a child’s wishes impact custody decisions varies according to age, maturity level, and the jurisdiction’s specific regulations. Let’s read about factors affecting the court’s decision.
Major factors which affect the court’s decision
1. The parents’ wishes
The court will inquire which parent would prefer to have primary custody of the young children. If both parents wish to have custody, the court’s decision may be more challenging, but if only one parent gets complete custody, it will be simpler. Therefore, in making this judgment, the court will only consider the parents’ preferences.
2. The children’s desires
Even if the court does not place a lot of pressure on the younger children, it always seeks to respect their wishes regarding who they want to live with and their preferences. However, the court will make different accommodations for the young children if it notices that they have chosen a parent who is highly likely to spoil them.
3. The bond between every parent and their children
The first thing the court will observe is the relationship between each parent and the children. The court will grant one parent full custody if it determines that the young children are better off with that parent and that they have a close bond with them.
4. Parents’ and children’s physical and mental health
The court will make a different decision if one parent is physically incapable of caring for the small child. The disabled parent, visiting rights, child support, and partial custody will all be taken into consideration while making choices. In the event that one parent has a mental disability, the other parent will receive full custody from the court, along with consideration for child support.
5. The necessary changes
The court will ascertain what the child wants after their parent’s divorce, who they feel comfortable living with, and how much the youngster needs to shift in their life. This adjustment process will serve as the foundation for the court’s decision.
Wrapping up
It is difficult to forecast how the case will be settled and how custody will be distributed. The court usually wishes to make a joint decision on behalf of both parents, making the decision that will enable the child to grow up in a healthy environment.
