Factors used to determine child custody

| Apr 14, 2021 | Child Custody |

If you’re undergoing a divorce, it’s likely that you’re worried about what’s going to happen with the custody of your children. One of the best things you can do is understand the various factors that a Louisiana judge will use to determine who gets child custody. This way, you can set yourself up for the best chance of getting the custody arrangement that you desire.

Understanding the best interest standard

Family law judges will use the standard known as the best interest of the child standard to determine who gets custody. While most parents have good intentions when it comes to custody agreements, some schedules just do not foster the best environment for a child. It’s a judge’s job to determine what custody arrangement would be in the best interest of the health, safety and well-being of the child.

The well-being of each parent

As a judge tries to determine what’s in the best interest of the child, they will need to evaluate the state of each parent. Judges will evaluate each parent’s physical, emotional and medical needs. They need to ensure that the parent is not only in a stable position emotionally but also financially to support the physical needs of the child.

Domestic violence claims

All too often during divorce proceedings, domestic violence claims are submitted against one of the spouses. In some instances, these domestic violence claims are backed up with real evidence showing that a particular spouse is dangerous to be around. However, in other cases, these claims are false and are used as a tactic to help to eliminate a spouse’s ability to get child custody. For this reason, it’s important for a family law judge to take into account the domestic violence claims and any evidence supporting them when making their decision about child custody.

One of the hardest parts of the divorce process is going through child custody battles. Due to the high level of emotions surrounding the entire process, it’s important for a judge to take various factors into consideration when making a decision on child custody arrangements. As a parent, you should now have a better understanding of the various factors a judge will use to decide the custody of your children.