In the Best Interests of the Child: Valuable Points in Custody Cases
The ideal environment for bringing up a
child is one where both parents will live under the same roof with the child.
Regrettably, this might become an unhealthy environment for your
children, if the child is being abused in any way here. More often than not,
however, the separation of parents means children can no longer live under the
same roof with
both their parents.
While the right family law
firm in Albuquerque NM plays a
significant role in ensuring the best parent wins physical or legal custody,
there are other elements the courts focus on. The primary component is an
environment that meets the best interests of the child. Every parent believes
he or she is the best one to raise their child. The following are nonetheless
the aspects that courts will base their choice of a parent on when considering
a child’s best interests.
Proof of Parenting Ability
The courts will consider the evidence of
the parents applying for custody to meet a child’s emotional and physical
needs. This includes a parent’s ability to meet the child’s basic needs and
create a healthy and loving environment for him or her. The courts, in this
case, will also consider a parent’s physical and mental state in relation to
their ability to take care of a child. They will in no way discriminate against
parents undergoing treatment for various psychological and physical health
conditions. However, courts will likely award another applicant custody if the
treatment you are undergoing impedes your ability to take care of a child to any
extent. You can re-apply for custody or a modification of the order once you
complete treatment.
Consistency
Too much change in a child’s life will be
detrimental to their mental development. As such, courts will aim as much as
possible to keep the child’s routines consistent. These include school, child
care routine, access to other family members, and living arrangements. They
might thus be more inclined to give custody to the parent who will enable a
child to have a mostly similar life to the one they had before separation.
The Child’s Age
Older kids will often need less hands-on
care compared to younger ones. The court will thus consider a child’s age and
what they need vis-Ã -vis the best parent to give it. The custody of young
kids is therefore generally awarded to their primary caregiver. Older kids,
often those above twelve years, also have a say in choosing the parent they
would like to live with.
Willingness to Support a Relationship
with the Non-Custodial Parent
Even if you win custody, the other parent still has a crucial role in your child’s life. Courts
will thus assess the willingness of each parent to let the non-custodial one
have time with the kids. If you are proven non-cooperative to the visitation
rights or badmouth the other parent, this is not considered to be in your
child’s best interest.
Your child is the most crucial thing that
might come from your relationship. His or her custody can thus not be left to
chance. With a focus on the above elements, the courts can guarantee that your
child’s best interests are met when awarding custody.
