Child custody is a sensitive issue in the courts. The courts view children's rights as the right to have both parents in their lives and have equal time with them unless there is a reason not to. The following four things can affect child custody and who gets physical and legal custody of the children.
Safe Physical Space for the Children
When parents divorce, one parent usually stays in the marital home or apartment while the other finds someplace else to live. It is very unusual for the divorcing couple to remain under the same roof, although some parents do have this kind of arrangement. The courts do expect that both parents have a safe physical space for the children when the children visit the other parent away from the custodial home. If that parent does not have housing, that is something that definitely impacts the court's ruling on placement and custody.
A Home That Is Free from Abuse and Neglect
Both homes to which the children travel and live must be free from abuse and neglect. This means that not only are the children well-cared for, but the home itself is not a mess, dirty or otherwise an unhealthy environment for the kids. Both parents have to provide for all of the children's needs, including food, clothes, a place to sleep, their own beds, clean bathrooms, regular bathing routines, clean dishes and a clean home. If anything is amiss, custody may be awarded to the other parent. This is often the most difficult aspect of child custody cases as one parent may regularly accuse the other of abuse and/or neglect and put the other parent under a microscope to obtain custody.
Financial Stability
Divorce can rock your world and turn it upside down. If you were a stay-at-home parent, divorce suddenly becomes the ultimate nightmare as you become the target of your ex. Since you are not working, the court will look at you as one with no financial stability to support yourself or the children, and then award custody to your ex. Thwart that plan by getting a job as soon as you can.
Physical Presence and Psychological Stability
Parents who frequently abandon their kids and leave them behind with their spouses only to return to the home whenever it suits them may be looked upon as unstable. Psychological stability may also come into question. While parents with mental illness are still allowed to be parents, the courts may require psychological evaluations before awarding custody of the children to parents who have frequently abandoned their parental posts and/or who have exhibited or been diagnosed with major psychological issues in the past. Consult with a divorce lawyer if you have any concerns regarding any of the above. Contact a firm like Kalasnik Law Office for more info.