If you and your spouse have decided to divorce, you may be concerned about how custody for your child will be assigned. If you desire to seek primary custody, you should be aware of some of the criteria that the judge will consider before he or she makes a decision concerning custody. Here are a few things to keep in mind as you pursue primary custody of your youngster:
The judge will want a stable living environment for the child.
Divorce can be an unsettling process for a child. The judge will likely want the child's living environment to remain as stable as possible. Thus, it can be helpful for you to seek the current family home during your divorce. By maintaining the home, if you are awarded custody of the child, your youngster will not have to change schools or be pulled away from close friends. He or she can continue in the environment to which he or she has grown accustomed.
The judge will consider your availability.
If you travel regularly or are unable to be at home often, this can affect the judge's decision concerning custody assignment. It is best to be able to show proof that you are regularly available to participate in your child care. Photographs and videos of you at your child's sporting events, birthday celebrations and school plays can help show that you are actively involved with your child's life on a regular basis. This can be especially helpful in cases in which you claim to care for your child almost entirely on your own.
Your financial stability will be reviewed.
If you desire primary custody of your child, you will need to have enough income to support the child and yourself comfortably. If you are currently struggling financially, this can weigh against you in a custody battle.
The judge will consider signs of abuse.
If your spouse is also seeking custody of your child and he or she has been abusive, the judge is less likely to award custody to him or her. It is important, however, that signs of abuse be well-documented. For instance, medical reports, eyewitness statements and the testimony of your child can help substantiate abuse claims.
If you are considering a divorce and would like to obtain primary custody of your child, schedule a consultation with a family law attorney like The Law Offices of John G. McGill, Jr. in your area.
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