When fighting for child custody following a divorce or separation, understanding what factors will influence the decision is critical to prepare for this complex problem. One concern many parents have regards their finances. If you’re unsure how financial stability and child custody impact each other, you’ll want to keep reading. You’ll discover the answers to some of the most common questions parents have regarding these matters and why it’s in your best interest to connect with a Monroe, Louisiana child custody lawyer.
What Factors Do the Courts Consider in a Custody Case?
When a couple needs to split custody of a child, they may try to create their own agreement. However, if they cannot reach an agreement, the courts will handle this matter. As such, when determining child custody, it’s necessary to understand that the courts will do so in the best interest of the child. Essentially, this places the child’s well-being, health, and safety above the wants, needs, or wishes of the parents. As such, understanding the factors that the courts take into consideration to make this decision is critical. The courts will generally consider the following elements when making a custody decision:
- Whether either parent has a history of abuse or neglect
- Whether either parent struggles with mental health issues
- Whether either parent struggles with substance abuse issues
- The earning capacity of each parent
- The job demands of each parent
- The ability of the parents to provide a safe and stable home
In general, the courts will do everything they can to award joint custody, as they believe it’s in the child’s best interest to maintain a relationship with both parents. However, if a parent is unfit or unable to adequately provide for the child, subsequently harming the child, they will likely not receive custody rights.
Does Financial Stability Impact Child Custody?
In general, a parent who earns less or may not be as financially stable as the other will not be ruled against for this factor alone. However, if there are other elements present that could impact the child, the courts may not award them custody. For example, if a parent isn’t financially stable, meaning there are concerns about housing or the ability of the parent to provide necessities for the child, the court likely would not award them custody. However, if they can prove there is a safe environment for the child and take an active, emotional role in their life, such as cooking for the child, taking them to doctor appointments, and spending quality time with the child, the courts can grant custody, ordering the higher-earning spouse to contribute to child-support.
As you can see, there are several considerations you must make regarding these important matters. At Breithaupt, DuBos, & Wolleson, LLC, we understand how complex these matters can be. As such, we will do everything possible to assist you through these matters. Connect with our legal team today to learn how we will fight for the best interest of you and your child.
