How To Win Custody Of A Child-Win Child Custody

Perhaps the easiest way to help you in relation to how to win custody of your child is to look at some questions that regularly pop up in the child custody decision.

What Factors does the court take into account when making a decision?

As pointed out already the paramount concern of the court is the best interests of the child and to aid with this decision the court will look at

1. The child’s age and health, both physical and mental
2. The parent’s health and lifestyle
3. The relationship between parent and child
4. The parent’s ability as a parent and to provide the child with the necessities such as food, shelter and education
5. The child’s education and general day to day living circumstances
6. The child’s views may be taken into account as dealt with already and depending on the child’s age, maturity etc.

Generally, although it is difficult to generalise, the younger the child is the more likely the court will favour the parent who has been the primary care giver.

The parent who can ensure the least upheaval in the child’s life will be in a strong position for this reason and the settled life of a child in a neighbourhood and school will only be interfered with by the court reluctantly.

Mothers versus fathers in child custody battles

Traditionally courts favoured the mother in practically all situations but this has changed significantly and the situation now is that the father has an equal chance provided he is as good a parent and caregiver as the mother.

Many fathers assume, wrongly, that regardless of what they do that the mother will be awarded custody.

But this is not the case and if, for example, both parents are working outside the family home then the father can have an equal chance of gaining physical custody of the child. To do so he needs, like the mother, to ask the court to award custody to him and to present his best case and essentially persuade the court that it is in the best interests of the child that he be awarded custody.

If a parent moves out of the family home and leaves the children, is this detrimental to his chances?

Leaving the family home and the child with the other parent is injurious to your chance of subsequently gaining custody later and the reluctance of the courts to move a child from his familiar environment and friends/school means that the parent who stays put will be favoured.

If a parent feels that they have no choice but to leave due to the other parents behaviour, then it is prudent to take the children and file immediately in the court for a temporary custody and child support order.

To take the children and not file for temporary custody and bring the matter to the attention of the court can backfire spectacularly because the court will look with considerable disfavour on this circumstance and may well order the return of the child to the family home pending settlement of the matter in the court.