Child Custody is determined by what is in the "best interests of the child".  The Court normally awards "joint custody" to the parties; however, if one parent is deemed to be a danger to the child or if the parties simply cannot discuss the child in a rational manner, the Court may award "sole (or full) custody" to one party.  That party then gets to make all decisions for the child without input from the other party.

   Child Custody cases are very emotional and often have allegations of abuse in bitter battles over who will have control over the children.  These divorces require cool heads on the part of the attorney representing you.  What is best for the child is normally that he or she be in the home that is the best model of what a good mother or father are.  Ideally, the child needs both parents in a loving relationship but that is sometimes not possible.   Common elements that will persuade a judge include:

1.     The stability of the parties, including their jobs and homes;

2.     The emotional and mental status of the parties;

3.     Whether the parent is able to care for himself/herself;

4.     Whether the child is adjusted to one parent’s home;

5.     The relationship between parent and child;

6.     Who has been the primary caregiver of the child;

7.     The psychological evaluations of the parties and their child;

8.     In adolescent children, the wishes of the child.

Child custody can be determined as easily as an agreement of the parties or a full blown child custody battle can involve thousands of dollars, the hiring of psychological experts, and months or even years of wearing down the other side in bitter and hotly contested fights.  

The Divorce Manual fully discusses child custody.   Download your free copy.  This is an advertisement for the Divorce Manual.  it is not legal advice and is for informational purposes only.

Kentucky Divorce Lawyers Louisville Child Custody

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