What Factors Does The Court Consider When Determining Parental Rights?

When determining parental rights, the courts will consider what is in the best interest of the child. The courts have a number of factors to consider in making that determination. The courts will look at which parent has encouraged and facilitated a relationship with the children. They’ll look at whether or not a parent has included the child in litigation and at whether or not the parties have disparaged the other parent to the children. They also consider the school and home records of the child. They’ll look at the housing of the parents and whether or not either parent has any sort of drug addiction or mental health issues. There is a number of factors that the court needs to consider in determining parental rights and who should be the primary care custodian for the child. It is important to know all the factors and prepare your case accordingly. At the onset of the case and again before a hearing or trial, I review with my clients the specific factors to make sure that the Judge hears the evidence needed to establish my client’s rights.

Is There An Age Where A Child Can Decide Who He Or She Wants to Live With?

The courts generally do not involve children in litigation. However, if the child is of sufficient age and intelligence, the courts may consider their preferences in terms of timesharing. This is especially the case when the child is exposed to abuse, violence or neglect. While the courts have determined that children may have a voice in the proceedings, they do not have a choice and should not be included in making adult decisions.

Who Generally Has To Pay Child Support In A Divorce Or Family Law Case?

Either party may have to pay child support in a divorce or family law case. Child support is for the food, clothing, and shelter of the children. The major factor to determine who has to pay child support is the number of overnights that the parties have with the children. If the parties have about equal incomes and a 50/50 timesharing plan, no child support is generally awarded to either parent

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