Factors that Can Affect Child Custody

Divorce is difficult under almost all circumstances. Having a child or children in a divorce can make it even more challenging to proceed. This is where child custody, child support, and visitation rights come in. It may seem easy to say that both parents can share custody or have equal visitation rights; however, there are many things that can come into play which impact a court’s decision regarding child custody. The divorce lawyers of Marshall & Taylor Law Firm, P.C. state that some of these factors include:

  1. Marital status – if the parents were married and the child is born during the time of marriage, then the state law grants equal rights of guardianship of the child (or children) for the custody, control, and care. This goes the same even if the parents are not married, as long as the state recognizes that both are “legal parents” of the child. Non-legal parents, on the other hand, have little of even no legal rights on the child.
  2. Abuse – if the court determines there is abuse going on between the child and parent, or if the court believes that the child’s welfare is in danger with one parent, then parental rights can be taken away by the court. Likewise, each parent’s emotional, physical and mental ability to take care of the child is also considered.
  3. Employment – financial support is vital in child support and custody. Although a parent’s inability to provide financial support does not necessarily stop their visitation rights, every child has the right to get support from each parent. If a parent’s business or employment changes, then the child support can also change, since it all depends on the parent’s ability to earn.

Modifications on child support, child custody, and visitation rights can be complicated and can change a lot especially if certain circumstances affect each parent, therefore as advised by Alexander & Associates, getting help and guidance from a legal representative. Generally, state law and courts choose to give equal share of responsibility and custody to parents. This is to ensure that the child welfare is always in the best interest of both parties, as sometimes bitterness from the divorce can otherwise overshadow the child’s welfare.