In Phoenix, many child custody disputes between couples who divorce are settled through private agreement. If the parties refuse to compromise, on the other hand, child custody is left for the judge to decide. Now if it seems that your case is heading toward litigation, you may wonder what factors will affect the chances of you gaining custody of your child. Perhaps you’ve heard of courts awarding custody to the party it believes will act in accordance to child’s “best interest”, but what exactly does this mean?
Courts aim to give the child optimum security and happiness and place him/her in a nurturing environment that will develop him/her into a fine individual. Some of the factors include:
• The child’s wish (if he/she mature enough to make sound decisions)
• The parent’s emotional, mental, and physical health
• History of child abandonment, neglect, or abuse
• Financial stability
• Cultural or religious factors
• Support from extended family
• The child’s relationship with siblings or other household members
• The child’s age and gender
• How a parent provides for the child’s special needs
• The parents’ willingness to honor agreements on child visitation
The judge assigns weight
to each factor at his/her own discretion. If you want to retain control over
your child’s custody arrangements, work with divorce attorneys to come up
with a sound and legally enforceable agreement. Settling matters out of court
on your own would also reduce your overall divorce costs.
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