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How Do Courts Decide Who Gets Custody In A Divorce?

Child custody is one of the biggest concerns of divorcing couples. In many divorces, the two parties are fighting each other for custody of their child/children. It’s never 100% pre-determinable who the judge will rule in favor of, but, without question, the judge is going to make that decision by determining your children’s best interests.

Understanding Best-Interests

If you are in a child custody battle, or anticipate one, you can reach out to the child custody attorneys at Lasiter & Jackson In Phoenix to help you understand your particular situations and ‘best interest standards’. In general, there are crucial factors that will be taken into consideration.

  • Domestic Violence – Any type of violence, abuse or neglect from either parent will be taken into consideration.
  • Ability To Provide For The Needs Of The Children – That means physical needs, emotional needs and medical care. (Character witnesses can be crucial in this area to support the ability to care for the children in each aspect). The judge will want to see how each parent is able to provide stability in a loving environment
  • How Current Arrangements Might Affect The Children – The judge will account for how the children might be affected if the current custody arrangement is changed or if it remains the same.
  • Each parent may need to submit an evaluation that determines living accommodations, mental and physical health, quality of the parent/child relationship, willingness to support the children’s relationship with the other parent.
  • Children’s ages can impact a judge’s decision, as well as the desires of the children.
  • False allegations of abuse and misleading information of any type can sway the decision of the courts as well.

Doesn’t The Judge Usually Rule In Favor Of The Mother?

There used to be a presumption that the children should always say with the mother following a divorce. However, that isn’t something that is honored by most states and many states do not hold custody preferences for the father or mother of the children.

Lasiter & Jackson Child Custody Lawyers In Phoenix

Seeking legal consultation should be your first step if you are considering divorce or are filing for custody of your children. The team at Lasiter & Jackson understands the laws in Arizona and work hard to help our clients reach a final solution that works for them. We always guide our clients to keep the best interests of their children in mind and to do what is best for them and for the entire family. When you need intervention due to family concerns, we are here for you. Our strongest desire is to make sure families are safe, protected, and maintained to the best of our ability. If you have questions or concerns regarding child custody issues with your family in Phoenix Arizona, please reach out to us right away and schedule a consultation.


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