How is Child Custody Decided?

December 15, 2023

How is Child Custody Decided?

Hiring a divorce lawyer can help you build a compelling case so you can obtain the child custody rights you deserve. There are so many things to consider when you are trying to build a case to fight for custody of your child. Here is how the court decides who gets child custody rights. 

Best Interest of the Child: The court will consider the child’s age, who does drop-offs and pick-ups,  and what kind of relationship each parent has with the child. Our divorce lawyers can help you gather evidence to show that it would be in the child’s best interests for you to be the primary caregiver.


Parental Fitness: This goes far beyond looking at how much money each parent makes. The court will also consider the mental state of each parent, the physical health of each parent, and whether there is any history of abuse with either parent. The abuse could be substance abuse such as alcohol or drugs, a history of domestic violence, or criminal behavior of any kind.


Parent-Child Relationship: Hiring one of our divorce lawyers will give you the help you need to compile documents, messages, and any other evidence that you have been there for your child. Depending on the age of your child, the judge may also ask the child some questions to figure out if the child has more of a bond with one parent.


Parental Cooperation: One thing that divorce lawyers will want to know before going to court with you is how willing your ex-spouse has been to co-parent. If your ex-spouse has given you a tough time and you have any messages to show that, you can build a stronger case as to why you should be given full or at least more child custody rights than your ex.


Contact Jim Mitchell & Jed Davis, P.A. to speak with our divorce lawyers and see if our law firm is the right fit for your case. 

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