When parents divorce or stop living together, they may need to establish a custody order. Parents have the right to make their own arrangements if they can cooperate with one another. However, if they struggle to reach an agreement about how to divide their parental rights and responsibilities, they may need to request a hearing in family court.
A judge hearing a contested custody case can allocate both parenting time and decision-making authority. They must seek to set terms that are in the best interests of the children. The three factors below are among the considerations that they must evaluate when deciding what is best for the children, if parents can’t come to mutually-agreeable parenting terms without judicial intervention.
1. Existing relationships
Judges look carefully at the role that each parent has played in the lives of the children. A primary caregiver may be in a better position to accept more parenting time than a parent who has been a primary wage earner and who has a very demanding career. However, even those with full-time professions can typically expect a reasonable allocation of parenting time. Judges usually want to foster healthy parent-child relationships. Judges may even consider secondary relationships, such as connections to siblings, neighbors and extended family members, as they make determinations about parenting time and authority.
2. Parental stability
The ability of a parent to meet the needs of the children is of the utmost importance in a contested custody case. The parents’ finances and housing are important factors for a judge to evaluate. Health concerns, including mental health challenges and substance abuse, may influence what a judge believes is best for the children. They expect parents to provide the basics for the children and to work cooperatively with one another to prioritize the children.
3. The children’s preferences
As children mature, they may become more aware of family circumstances and of their dynamic with each of their parents. As such, judges do consider the wishes of children when allocating parental rights and responsibilities. A child’s age and maturity, as well as the reasoning they provide for their stated preferences, can influence how much weight a judge gives their wishes during a contested custody case.
Parents worried about upcoming custody hearings generally need to develop a strategy that focuses on what is best for the children. Working with a family law professional can make it easier for parents to reasonably present their case in court and convince a judge to grant them a liberal amount of parenting time and decision-making authority.
