Most state laws have no presumption favoring one parent over the other in cases of child custody. The choice is usually determined by a variety of other factors. Every child custody case is different, but there are always essential elements. It is a difficult matter to determine and, in certain cases, a child may even refuse to accompany the parent that was given custody.
Parental Communication
An important factor for courts when determining child custody is the communication that has existed between the parents as well as between each parent and the child. An important factor is how much time each parent has shared with the child prior to the child custody case. This will determine who the child will feel the most comfortable with in most cases.
The court will also look at how well each parent has dealt with matters regarding the child. If one parent has been more obstinate regarding the child custody, they are more likely to not be held in good favor by the court determining the custody of the child.
Safety of the Child
During a case of child custody, the most important factor a court takes into consideration is the safety of the child. If a parent has any history of medical instability or other behavioral issues, they may not get custody, unless there is proof they pose no danger to the child. They will look at if either parent has any criminal offenses or instances of domestic violence.
The court will also look at the stability of the home environment of both parents and which is most conducive to the child’s well being. They will consider the quality of the child’s education thus far and who could provide for their continued education the best. Child custody lawyers around New Ulm, MN will also show who can best provide for the needs of the child and adequately handle the financial aspect of having the child.
After a court has determined which parent will receive custody, they must then determine what type of custody it will be. The options include sole custody, joint physical custody, or joint legal custody. All financial and visitation orders must also be considered and issued before a case is concluded. To learn more about child custody lawyers around New Ulm, MN, visit Blatzlawminnesota.com.
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