Factors Used to Determine the Custody of Children

Factors used to determine the custody of children.

custody of children

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Child custody often appears like a battlefield between the separated parents. Many parents find this issue confusing and so they often ask, “how is child custody determined?” Both parties will cite their reasons why they are the rightful parent to get child custody. But in legal terms, there are a lot of things to consider before they can conclude the issue. With this, it is best to hire a family law firm to ensure that legal matters will settle well for both parents.

By hiring a family law attorney, both parties can identify the factors that will determine the custody of the children. From this, the process can go well in a legal manner. Once they have identified the factors, the investigation will follow. This will determine the rightful custody for the children. Here are the factors used in determining the custody of children.

The parent’s relationship with the children

Whether they admit it or not, there will always be one parent that is closer to the children. It is important to know about this as it will determine who takes care of the children more. The parent who has a better relationship with the kids can provide a happier life for them.

The children’s preferences

As with the law, a child can decide who to go with when they reach the age of eight. The child can choose the parent that they would want to live with. In case the child is below eight years old, their statement will still matter in deciding where they should go. This is in accordance with the law’s principle, which is to adhere to the child’s best interest. For example, if a child says they want to be with their mom, they might have a special reason behind it. It could be because they are more comfortable with the chosen parent.

Capacity to support the children

The law will look into the parent’s ability to give and provide for the needs of the children. It is important that the kids get to live in a safe and conducive shelter, food, education, good health, and others.

Mental and physical health of the parents

The mental and physical health of the parents is an important factor to determine child custody. If a parent is not mentally and physically healthy, then it will have an effect on how they will care for the children. The law will choose the parent with the best mental and physical health.

Issues of abuse or violence

If a parent showed violent behavior or when they have abused the other parent or children in any form, their fight for child custody will be blurry. The law will never grant custody to someone who has violent tendencies.


Negligence to care and provide for the children is a big factor to decide on child custody. It is important that the children go with a parent that can look after them in all aspects of their life. If one parent committed negligence in the past, it will take a big role in coming up with the decision on the matter.


Child custody is a serious legal matter. Resolving it in the most lawful and considerate way is important. It is not only about the parents fighting for child custody, it is also about how it would affect the children as they go along the process. Determining the factors and investigating these matters are the best ways to know which parent should have child custody. Family issues like this can be heartbreaking, but it is always good to consider the best interest of the children.

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