When you and your spouse get divorced, there are many considerations that must be made. However, often the most contentious is child custody. The courts will prioritize the child’s best interest when determining a custody arrangement, by taking different factors into consideration. If you are going through a custody battle, it’s imperative to understand all the factors that are considered and why you need a Somerset County child custody attorney to guide you through this process. The following blog explores the role a parent’s finances play in this decision and what other elements the courts will consider.
Will the Courts Consider a Parent’s Finances?
There are many factors a court will consider when awarding custody. Many make the assumption that a higher-earning parent will receive custody, as they have the means to afford to provide for their child. However, this is not always the case.
As previously mentioned, the courts prioritize the best interest of the child. If the higher-earning parent is rarely home due to the nature of the job, it would not be best for the child. As such, the courts would likely rule in favor of the lower-earning parent, as they may have the ability to care for the child.
In this instance, the higher-earning parent would need to pay child support as a means of supporting their child.
What Other Factors Can Impact Custody?
Because income is not the deciding factor for custody cases, understanding the other elements the courts will consider is crucial. These include, but are not limited to, the following:
- Each parent’s physical health
- The mental health of each parent
- The primary caretaker of the child before filing for divorce
- Whether either spouse has substance abuse issues
- If there are any claims of abuse or neglect against either parent
- If moving in with one parent would be a major disruption to the child
- The educational and social life of the child
It’s also important to note that depending on the child’s age and maturity, they may be able to share their preference on who they want to reside with.
What Should I Do if I Need Assistance When Fighting for Custody?
If you’re enduring a custody battle, ensuring you take the necessary steps to protect yourself is crucial. This includes enlisting the assistance of an experienced attorney to act as your legal representation during these challenging times.
Unfortunately, you may find that a custody battle is difficult for everyone involved, especially children. As such, ensuring you enlist the help of an attorney is essential to fighting for your child’s best interest. At the Siragusa Law Firm, our dedicated and compassionate team understands the complexities of these legal processes. Contact us today to learn how one of our experienced attorneys can assist you during this time.
