If you’re involved in a divorce with children, you may be wondering how a judge determines child custody. It’s a general question for family law attorneys, and it can depend on all the factors of your specific case. The Family Code’s goal is to ensure that any custody arrangement is in the child’s best interests. But what does that mean? Here’s what to consider.
50/50 Time isn’t Always the Best
It’s often presumed that the child’s best interest is to have equal time with both parents. That’s generally a 50/50 split, where the child spends half of their time with one parent and half with the other. But not every case is the same, and not every case requires that split. There are a lot of factors that go into determining what’s in the best interest of the child. Additionally, the child’s age may also matter because older children have more opportunities to choose what works for them.
Factors in a Custody Decision
Suppose you’ve typically been the primary custodial parent who takes the children to medical appointments, gets them ready for bed, feeds them, and goes to school activities. In that case, it generally makes sense for you to continue in that role. Unless there are extenuating circumstances, the other parent would be given visitation. The visitation schedule depends on the circumstances, though, and can be very individualized for each case.
One of the main factors the court will consider is whether the other parent was primarily the one financially supporting the family. If that’s been the case, a 50/50 split doesn’t make sense. The other parent will be at work and unable to keep an eye on the kids 50% of the time. If you’ve been a stay-at-home parent, you’re already shown to be capable of taking care of the children full-time. If you intend (or need) to go back to work, though, a 50/50 split with babysitting may be more realistic.
It’s Best to Have an Attorney On Your Side
To ensure you’re getting what’s fair and just in your child custody case, you want to have an aggressive, knowledgeable attorney on your side. That can increase your chances of getting custody and receiving a fair agreement with the other parent. Whether you’re looking for full custody or a 50/50 split with the other parent, an attorney can help you with the insight and information you need to make an informed choice.
Reach out to the Mohajer Law Firm today, and let’s discuss your child custody case. That can help you have more peace of mind and ensure that the final custody arrangement is the best for your children.