How the Courts Resolve Child Custody Disputes
In any custody battle, the court decides which parent must get custody according to the “best interests” of the child. The court determines it based on various factors such as the main caretaker of the child, the wishes of the child, the home environment of each parent, the willingness of a parent to nurture a good relationship with the other parent, the character and behavior of each parent, and any case of abuse or neglect of each parent in the past.
The court determines which parent is the main caretaker of the child by looking into how the parents took care of the basic and daily needs of the child. The amount of time spent by each parent for the child is also taken into account.
In most custody cases, the courts listen to the wishes of the child of divorced parents. The child makes his or her wishes known to the court through a custody evaluator or child representative who is appointed by the court. As long as the child is at the right age to make an informed decision, the courts give substantial weight to the child’s wishes regarding his or her custody.
In many cases, the parent who wants to get custody of the child will raise an issue if the other parent is addicted to alcohol or drugs. A parent who has alcohol or drug problems usually get limited custody and visitation rights, so he or she cannot have full access to the child. This happens especially if there is a proof that the child is in danger of emotional, sexual, or physical harm from a drug- or alcohol-dependent parent.
If a parent has started a sexual affair during or after a marriage, the courts will not treat such relationship as a factor in deciding which parent wins the custody of the child. The court does not consider the non-marital sexual relationship of one parent in terms of the best interests of the child. But if the parent’s new partner has caused harm to the child or if the child is made uncomfortable by the displays of affection, the court will question the parenting capabilities of that person.
Another special case in custody issues involves homosexual relationships. This consideration in finding out the best interests of the child differs from one state to another. Some courts consider homosexual relationships in the same manner as non-marital heterosexual relationships. Other courts may view that being in a homosexual relationship may affect a person’s parenting skills. Regardless of the views of the state regarding homosexuality, a parent in such a relationship will gain custody as long as he or she does not expose the child to same-sex display of affection.
Likewise, a parent’s religion or religious practice is not considered by the courts in deciding according to the best interests of the child in child custody cases. However, if the religious practices of one parent may pose danger to the child, then the court will consider the risk to the child’s safety.
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