In all child custody cases, the judge will first and foremost consider the best interests of the child of children when it comes to determining which parent the child will stay with most frequently. The laws surrounding child custody differ in each state, but most of the factors that a court will consider are the same all over the country.
Here are some of the specific factors that the judge will consider when determining child custody agreements:
- The wishes of the parent(s)
- The wishes of the child/children
- The relationship that the child has with their parents, siblings, relatives, etc.
- The child’s education and school proximity to each parents
- Which parent is more fit to take care of the child on a full-time basis
- The relationship between the parents and if they encourage the child to have a relationship with the other parent
- The living accommodations of each parent and if they are suitable for the child
- The ability of each parent to provide for the physical needs, emotional wellness and medical care of the child
- How the children will be affected by the different custody options
- The criminal/legal history of each parent
- The financial responsibilities and abilities of each parent
- The geographic distance between the homes of each parent
- The recommendations of child care professionals that are involved in the custody case
- The ability of each parent to make joint decisions that will not negatively impact the child
- The child’s performance at school and adjustment to their current or possibly new community surroundings
- The physical and mental health of anyone that would be caring for the child
In Arizona, statute provides that the court may not prefer one parent to another with respect to custody based on the gender of either parent. They are required to determine the best interest of the minor children by applying the statutory factors regarding custody and parenting time in correlation with the facts of the case. Contact an experienced Glendale family law attorney at The Sampair Group today for legal representation in your divorce and child custody hearing.