Child Custody Information and Help

Ok so the big questions here is....... What determines child custody?

Unfortunately it is not one or two things or you would not have to go through a court hearing.  It is all based on the perception of the family law judge presiding over your case and some of the below criteria.  This list is not all inclusive though and there may be other requirements as set forth by your particular state of residence. 

A custody evaluation will be necessary and is a report written by a neutral professional about you, the other parent, and your children. It is usually not necessary that formal psychological tests be administered to each parent in the context of an evaluation. The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child. Comprehensive evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them. The children are also evaluated in a custody/visitation evaluation.

It goes without saying in almost all cases when an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise.  This is true unless the child is in immediate danger from the mother due to drug use, mental incompetency, or other physical impairments that would otherwise hinder the mother's ability to care for the child.

Some things that could quite possibly affect trusteeship of your children are as follows:

1. If one of the parents has a history of violent or criminal behavior
2. If a parent has or had some sort of chemical or drug dependence problem
3. The values of the parents relevant to parenting, ability to plan for the child's future needs, capacity to provide a stable and loving home
4. The ascertainable wishes and feelings of each child concerned (considered in light of their age and understanding)
5. Physical, emotional and/or educational needs now and in the future
6. The likely effect on any change in the circumstances now and in the future
7. Age, sex, background and any other characteristics the court considers relevant
8. Any harm suffered or at risk of suffering now and in the future
9. How capable each parents, and other person in relation to whom the court considers the question to be relevant, is of meeting the child's needs

If you are going through a divorce or separation and children are involved than this free child custody check sheet will be a valuable tool in assessing what it is that you will need to do.

Have the ability to get your child custody legal services for less by clicking here to find out.