PHILIP A. DUVALSAINT, Esq
PHILIP A. DUVALSAINT, PLLC
Divorce | Adoption | Child Custody
Divorce can be emotionally overwhelming and stressful for both partners, especially when a child custody battle is involved. A concrete decision must be made regarding who will be the primary care taker and how timesharing will between the parents will work.
To determine who will have the custody of the child or children, the judge will look into the history of domestic violence on behalf of a parent or spouse. This is taken under consideration because domestic violence can directly affect the mind and well-being of a child and present a brutal living environment for them.
Child’s Health and Age
Age and health of your child can also affect the court ruling on child custody. For example, if the child is an infant and nursing then the decision could be in the mother’s favor. Likewise, if the battle involves a young and disabled child whose father takes better care of them then the decision is likely to be in their favor.
Drug and Alcohol Use
During a custody battle, the judge will also take into account a parent’s drug and alcohol use. Whether a parent consumed drugs or alcohol occasionally or on a habitual basis, the judge will determine this before passing their final verdict. This is because the behavior of the parent can directly affect the upbringing of the child, if custody is given to a parent who is addicted to drugs and alcohol.
Emotional Ties between the Parent and Child
The court may also want to learn about each parent’s emotional ties with their child. This will show which parent is more involved and can provide better care and guidance to the child.