While this does occur, it is situational, and is not the standard for most cases. Tragically, counterclaims of parental alienation can leave parents who are victims of domestic violence facing a loss of custody. All rights reserved. Please prove you are human by selecting the, Scroggins Law Group, PLLC Covid-19 Update. These are a few of the common reasons that disputes in custody arise, including some that might lead to a mother, or any parent, losing custody of their child. Incoming Freshman and Graduate Student Admission, the concrete operational stage of development, including their nonmarital sexual relationships, must have several years of postgraduate experience, direct and indirect methods to obtain information, Forensic psychology child custody evaluations, partial or limited-scope custody evaluations, mental illnesses or substance abuse disorders, interested in hearing the child’s preference, The relationship between the child and each parent, The mental and physical well-being of the parents. Unless one parent is vastly unfit compared to the other, a judge may grant joint custody. Child custody battles can be emotionally triggering for both parents and the children involved. Remember that everyone involved wants the same thing: a happy, healthy parent-child relationship. In many cases, the court will ask each parent to submit to a child custody evaluation to learn more about this aspect of the case before making a decision. A parent who allows any of those responsibilities to lapse is liable to have their custodial privileges revoked or modified. | Powered By Matador Solutions, LLC. Judges will not assign custody solely due to preference, but if it can be established that one home is better for the child’s well-being than the other, the court will allow it. All rights reserved. A parent that is manipulative and tries to pin the child against the other parent would cause emotional and mental distress. Dallas, TX 75206, Plano Office No matter the form of abuse, growing up in a violent or cruel environment is not something children easily overcome. Here again, when it comes to assessing the relationship between the child and each parent, no strict rules exist, only guidelines. Judges can use the custody evaluation process to obtain information about how a parent’s mental illness or substance abuse is affecting their child. In general, judges favor shared custody arrangements and do not seek to unnecessarily deprive any parent or guardian of contact with their child. Children age 12 and into adulthood, in the , are usually independent and seeking an identity outside of their parents. Factors That Judges Consider in Child Custody Cases. Parents who have mental illnesses or substance abuse disorders are not automatically disqualified from custody. In Alabama, the judge may consider the desires of the child if they are “of sufficient age and maturity,” and in New York, the court is interested in hearing the child’s preference, but reserves the right to make decisions based on what it sees as being in their best interests. A: There are three main factors that a judge is probably going to take into consideration, before choosing which parent shall have sole custody. Social and Emotional Support: a judge is likely to prefer the child lives with the parent that has a network of family nearby, and where the child can develop friendships within the school or community. The court may also establish a visitation schedule, allowing the noncustodial parent time to continue bonding with their child. Viewing of this information is not intended and does not constitute an attorney-client relationship. Most custody cases are resolved without the need for court intervention. The ability of each parent to provide a stable, loving environment. When physical custody is shared, each parent is responsible for feeding, clothing, and providing for the safety and security of their child when the child is in their care. To become an independent consultant, establishing a reputation and networking among family law attorneys will suffice, though obtaining training specific to custody and child matters would be advisable. For example, some jurisdictions restrict the scope of an evaluation, which speeds up the process. A psychologist or other mental health professional will likely be consulted in such cases. If physical or psychological abuse is suspected on the part of a custodial parent, the other parent will likely be ordered to take custody of the child. The three main factors for the judge’s final decision can be summarized as: Q: It is necessary that I hire an attorney for my custody case? So, what do judges look for in child custody cases when deciding whom to award custody to? Judges consider whether each parent has the capacity to abide by a parenting plan when making child custody decisions. However, some general guidelines exist. The best interest of the child is often at the forefront of the judge’s mind when making this decision. Bring us your ambition and we’ll guide you along a personalized path to a quality education that’s designed to change your life. Both parents play an important role in the psychological and emotional development of their child. Learn more about our online degree programs. In many cases, the parties adopt a hybrid custody arrangement. Read on for a rundown. Judges may order parents to seek therapy or attend counseling as part of a parenting plan.