Factors that can Affect a Court when Deciding about Child Custody and Visitation Rights

Apr 3, 2017 by

One change adopted by state courts when it comes to awarding child custody is giving the custodial rights to both parents, instead of just one – this is if both parents are deemed fit by the court. This change was made after consideration of many factors, especially the benefit it will cater to the child as this will allow him/her to continue receiving care and attention from both of his/her parents.

When one parent, however, would endanger the child’s holistic well-being due, but not limited, to abusive parental behavior (physical, emotional, etc.), abandonment of the child by the parent, parent’s use of drugs and/or alcohol, exposure of child to pornographic elements due to parent, parental use of excessive, unnecessary discipline and failure or inability by the parent to care for the child,  then the guilty parent may not only lose custodial rights, but the right to visitation as well – because severing the relationship with such parent is judged by the court to be in the child’s best interest.

The child’s best interest is always a court’s basis in deciding things that will affect the child – his/her present and future wellbeing. Thus, in consideration of a child’s future needs, some of the factors that will be considered by the court in deciding who gets child custody and who shall pay child support, include the parents’ age, health, educational attainment, job, financial capability and security, and the capability to really care for the child.

Child neglect or the inability of the parent to give his/her child the proper, necessary care is not just one type of child maltreatment; it is actually its most common type too. And one classic example of child neglect is inadequate supervision.

There is no uniform rule as to how much supervision a parent ought to give his/her child. With regard to determining just how much supervision is needed by a child, his/her age, the environment or neighborhood and his/her possible exposure to dangerous elements, such as unhealthy and unhygienic household conditions, guns and/or other deadly weapons, second-hand smoke (from smokers) and other safety hazards, will have to be considered seriously. Any injury that a child may suffer from, due to the custodial or visiting parent’s lack of supervision, can definitely influence the court in reconsidering a parent’s rights over his/her child.

It is the firm belief of one law firm with the address, www.marshalltaylorlawfirm.com, that, “the importance of a child custody agreement on both the lives of the children and the parents, makes this divorce issue frequently the most contentious issue during a divorce proceeding. Thus, when it comes to determining a custody agreement that you feel is best for you and your children, having a supportive and knowledgeable lawyer on your side can make the difference between getting the outcome you want and getting one you believe is unsuitable for your family.”

Related Posts

Tags

Share This

Leave a Reply

Your email address will not be published. Required fields are marked *