It comes as no secret that one of the most contested and emotional issues
couples face during
child custody. Since a person’s children are often the most precious people in
their lives, many parents often butt heads during the process of divorce
when attempting to determine who they will live with and who will be able
to make decisions on their behalf. While parents are able to make this
determination themselves through out of court negotiations, unfortunately,
raised tensions can sometimes make this impossible.
If parents should be unable to come to a mutual agreement, the court may
step in and issue a decision on their behalf. The court will consider
various factors when determining how custody powers will be shared, though
their ultimate goal will be to issue an order that is aligned with “the
best interests of the child.” But how exactly does the court decide
what is best for the child?
A judge will weigh the following factors when deciding an appropriate custody
- The child’s preference, if old enough to express their desires
- The child’s relationship with each parent
- The desires of the parents
- The child’s current schooling and living arrangement
- The physical and mental health of all parties
- Each parent’s willingness and ability to provide suitable care
- Each parent’s current living situation
- Each parent’s current employment and earning capacity
- Each parent’s history of abuse or domestic violence
- The amount of time each parent spends with the child
Do Mothers Receive Favorable Treatment?
While in years past mothers would receive preferential treatment during
custody proceedings under the “tender years doctrine,” this
practice has since been abolished by the Supreme Court and has been deemed
to be an unconstitutional form of sex discrimination. Now, both mothers
and fathers are seen as equals in the eyes of the law when vying for custody
of their children.
Simplify Your Custody Dispute with The Moodie Law Firm
Not all custody disputes have to escalate into ugly legal battles in court.
If you and your spouse are currently at odds with each other regarding
the division of parental powers following your divorce, get in touch with
a Denver child custody attorney from The Moodie Law Firm today. With honest,
trustworthy advocacy and a dedication to pursuing collaborative solutions,
our compassionate advocates can provide the skilled guidance you need
to resolve your situation with minimal stress.
Call (303) 578-3940 or
contact our office online today to find out more about how we can help.