When you are enduring a custody battle, many assume as long as they are financially stable, the courts will rule in their favor. However, this is not true. There are many different factors that the courts will consider before making a decision. If you are going through a custody battle, it’s essential to understand how a judge will determine the outcome and why you need a Monroe, Louisiana child custody lawyer to help fight for your child’s best interest. The following blog explores what you must know about the various factors that can impact the custody decision.
What Role Does Financial Stability Play When Determining Custody?
Many parents assume that financial stability and the ability to provide economically for their child is the most substantial factor to a judge when awarding custody. However, this is far from the truth.
Generally, a parent’s financial stability is significant, but it is not the only thing a court will consider. The courts prioritize the child’s best interest when issuing a custody decision. For example, the courts may find that one parent has a significantly higher income than the other. However, if this parent works long hours and must travel frequently for their job, it would not be in the best interest of the child to reside with this parent full time.
If this is the case, and the other parent, despite having a significantly lower income, is able to meet the emotional and material needs of the child, they could receive custody, while the higher-earner parent would pay custody.
What Other Factors Will the Courts Consider?
As mentioned, there are a number of factors the courts will consider when determining the custody of a child. These additional factors include, but are not limited to, the following:
- Allegations of abuse or neglect against either parent
- If either parent has a criminal record
- Whether or not either parent has an issue with substances
- The distance between the homes of the parents
- Where each parent lives in relation to their child’s school, friends, and activities
- If the child is old and mature enough to share their preference on who they wish to reside with
- How willing each parent is to encourage a healthy relationship between the child and their other parent
- What each parent’s previous role in raising the child was prior to divorce
Generally, the courts will do everything possible to make custody even between parents, so long as it does not go against the child’s best interest or put them in immediate danger. As such, financial stability is a factor when determining custody, but it may not play as large a role as many assume.
At Breithaupt, DuBos, & Wolleson, our dedicated legal team understands how important child custody is to you and your family. As such, our team will do everything possible to fight for the best interest of your child. Contact us today to learn how we can help you during these complicated and emotional times.
