Many divorce cases involve more than just arriving at decisions regarding which spouse obtains what assets and what amount one spouse ought to pay the other in terms of alimony. In many instances, divorcing spouses have disputes regarding who should get full custody of their children, and akin to other divorce matters, it's often left to the family court to resolve the disagreement. Child custody awards are typically based on the "best interest of the child" principle. Once the family lawyers of each side present their respective submissions before the court, it is upon the court to decide which particular parent obtains full custody of the children after marriage separation. Here are some of the primary factors that the family court may look into in regard to the parents.
Which spouse is the most fitting custodian on the basis of character, personality and stability?
Here, the court looks at the character of both parents and whether they can be good role models for the child or not. For instance, if there's any evidence of drug abuse by one of the parents, then that parent is likely to lose the custody case because their behaviour poses harm to the child. Additionally, if one of the parents is psychologically or physically challenged to provide maximum care for the child, then the court will opt against granting that particular parent custody of the children no matter how close he or she has been with the children.
Which spouse has the best standard of living?
Typically, the parent who is able to provide the ideal home environment for the child is likely to win the child custody case. This is because a good home environment fosters child stability and minimal interruptions in the life of the child. If you don't have a comfortable place to live in and you are busy fighting for custody of your child, chances are that you will never win the case. Additionally, the employment and financial statuses of the parents may also be taken into account. The parent with a steady job and a consistent salary package is best suited to meet the educational, moral, social, emotional and material needs of the child compared to a parent with no source of employment.
Separating parents can hire a family lawyer who can help each one of them present a strong case in front of the family court as to why they deserve full custody of their child.