There are few bonds stronger than that of a parent and their child, so it’s understandable that anyone who is involved in a custody case would want to do anything possible to ensure their rights aren’t diminished. While it’s important to remember that these proceedings are always for the best interest of the child, that doesn’t mean you shouldn’t fight to maintain custody.
The Mississauga family lawyers here at Atlas Law Group want to help you get the outcome you want in your custody case, which is why we’ve created this helpful guide that outlines three of the most significant factors that could decide the results.
What factors do courts consider when deciding child custody cases?
The level of each parent’s mental and emotional stability.
Since the entire goal of these proceedings is to ensure that your child receives the care and attention he or she deserves, the mental and emotional state of each parent is paramount when deciding who should maintain primary or sole custody. The courts want to know that the parent who receives custody has the capacity to love the child, provide the needed care, and make decisions that are in the child’s best interests.
They make this decision based on the evidence provided by each party’s attorneys and any testimonies that occur during the hearings. Some of the determining factors that can be used include any criminal records of you or your former partner and whether or not there is any history of substance abuse, child neglect, or domestic violence. If one of the parents has demonstrated these types of tendencies in the past or still currently does, the court will likely rule to grant custody to the other parent who doesn’t have a history of these issues.
Each parent’s current financial situation.
The capacity that each parent has to financially support the child is another commonly used factor when deciding custody cases. However, our Mississauga family lawyers want to stress that if you make less money than your former partner, that doesn’t automatically mean that you won’t receive custody. Instead, the courts want to have confidence that the child’s needs will be met. To determine that, they’ll look closely at each parent's finances to assess the viability of managing the costs associated with raising a child.
This also includes each parent’s ability to provide the child with satisfactory living conditions. While your home doesn’t need to be overly extravagant to meet the court’s requirements, you must be able to demonstrate that you can provide certain comforts and accommodations. While your finances will play a role in determining who gets custody, it’s not the single most important factor because the court could help supplement your income with child support from your partner.
How willing each parent is to maintain an ongoing relationship with their former partner.
We understand that child custody cases are very personal, and it’s easy to let your feelings about your former partner get in the way of the proceedings. However, our family lawyers in Mississauga always recommend trying to maintain an open and amicable relationship. Not only is this good for the child, but it can also help your case.
The court often sides with parents who are open to fostering a healthy and ongoing relationship with the other parent. So if you’re hoping to maintain sole or partial custody of your child, it’s helpful to show a willingness to allow your former partner to remain involved in your child’s life when appropriate.
Are you facing a child custody hearing?
Then contact the team of Mississauga family lawyers at Atlas Law Group. We bring decades of experience and credentials from Canada, the United States, and the United Kingdom’s most prestigious institutions to each case that we represent.
If you choose to partner with us on your custody case, we guarantee that we’ll provide the creative, passionate, and reliable representation you need to get the outcome you deserve. Learn more about our firm’s philosophy, or contact us online to schedule your initial consultation.
