When you and your spouse decide to file for divorce, it can be an incredibly complicated matter. However, this situation can be made even more overwhelming when taking your children into consideration. One question many parents have is whether or not the judge will take their child’s preference into consideration when making decisions regarding custody. If this reflects your concerns, the following blog explores what you must know about these matters and why working with St. Louis child custody lawyers is imperative to fight for the best possible outcome for you and your family.
What Factors Do the Courts Consider When Determining Custody Matters?
It’s important to understand that when the court handles custody matters, they adhere to the “child’s best interest standard.” Essentially, this means that they will consider the health and well-being of the child above all else, including the parent’s presence. It is the court’s goal to ensure the child is placed in circumstances where they can thrive and succeed. You should note that as a rule of thumb, it is generally assumed that spending equal time with both parents is in the best interest of the child. However, this does not mean equal custody is always granted, as there may be factors that show that this would not be in the best interest of the child. As such, the courts will take the following factors into consideration when making a decision regarding custody:
- The age and health of each parent
- The income of each parent
- Each parent’s job demands and hours
- The ability of each parent to provide a safe and stable environment for the child
- Where each parent lives in relation to one another
- If there are any allegations of substance abuse
- If there are any allegations of physical abuse or neglect
- The ability of the parents to adhere to the court-ordered parenting plan
Will a Child’s Preference Be Considered?
It’s important to understand that a child may have input or a preference regarding who they live with following their parent’s divorce. As such, the court will take this input into consideration. However, it’s important to understand that this factor will not be weighed more heavily than others and the judge will still prioritize the child’s best interest above all else, even their own preference.
For example, if the child wishes to reside with their father, the judge will ask why they have come to this conclusion. The judge will consider the maturity of their answer when deciding whether or not to take their answer into consideration along with the other factors that influence custody. As such, if the child explains that they want to live with their father because he doesn’t enforce homework or lets them stay out past their curfew, the judge likely would not consider their opinion based on these factors alone.
As you can see, many factors determine the outcome of a child custody order in Missouri. That’s why working with an experienced attorney is critical to fighting for the best possible outcome for your unique circumstances. At Stobie Family Law Group, our legal team understands how difficult these matters can be to navigate, which is why we are committed to helping you. Contact us today to learn how we can help you fight for the best possible outcome for your unique circumstances.
