Divorce is never easy, but it can be especially difficult when children are involved. The courts are supposed to work in the best interest of the child, while also trying their best to ensure that both parents have a meaningful role in their life. You need a Birmingham contested divorce attorney by your side if you want to increase the chances of getting your child’s custody during divorce.
Child custody is usually determined by the court, but there are several other factors in play as well. For example, a judge could look at the parents’ financial situations, the child’s preference, the willingness of both parties to work together towards a shared custody arrangement, and so on.
Let us now look into the main factors considered by the court when determining child custody in Birmingham.
The age of the child
If the child is less than 18 years of age, and if the parents haven’t established a shared custody arrangement, the court will usually award sole custody to one parent. This is because the younger a child is, the happier and more confident he or she will be about life in general. If the child is more than 18 years of age, and if there isn’t any specific reason for this to be so, then joint custody may be granted instead.
The emotional, educational, and material needs of the child, and how well each parent can meet those needs
If you have a great moral character and are a very involved parent, then you will doubtless have the upper hand when it comes to getting your child custody. The ability of the parent to meet the emotional, educational, and material needs of the child is an important factor that the court takes into consideration.
The relationship between the child and each parent, as well as siblings
If the parents have no strong relationship with each other, and if there are children involved, then it is unlikely that the court will award custody to either of them. This is because the trust of a child is not easily built up again, especially when they are forced to be in two different households.
Any history of domestic violence by either parent
A history of domestic violence is an important factor that the court takes into consideration. If there is a history of violence, then it will make it much harder for the parent to get custody.