Determining Child Custody
Wednesday April 23, 2008
From: Susan Reach Winters
Over the more than 25 years that I've been practicing law, I've often been asked what a court will look at when determining a child custody award.
While I can tell you that no two cases are alike, I can safely say that while state laws vary across the country, a court will generally consider the following:
- The parents' ability to agree, communicate and cooperate in matters relating to the child.
- The parents' willingness to accept custody and any history of unwillingness to allow visitation that is not based upon substantiated abuse.
- The interactions and relationship of the child with its parents and siblings.
- Any history of domestic violence.
- The safety of the child and the safety of either parent from physical abuse by the other parent.
- The preference of the child if the child is of sufficient age and...read more
Comments
This Tennessee ruling disturbs me greatly. As a wife and homemaker who is now going through a divorce after 34 years (actually, will be 35 years in May)it is not fair or justifiable that the rights of Mom’s and homemakers lose inheritances or medical benefits or a host of other things, when a spouse decides they no longer want to be a part of the marriage. When all is said and done in my particular situation, you can bet I’ll be writing my legislators to protect the rights of Mom’s and homemakers. Time should be considered in any divorce.