Who Will Get Custody of the Kids?

December 22, 2012

When a marriage dissolves, your main concern will be: who is going to gain custody of the children? It may be lawyers at dawn, because parents will want to have as much to do with their kids as possible. What you both need to consider is: what’s best for the children? Here are some things you should consider before you hightail into court.

Who Has The Most Time Available?

Obviously, your child will benefit from a situation where they’ll spend most of their time with their parent – a minder is no replacement. It’s a good idea to consider handing over custody to the parent who has the most extra time on their hands, rather than the workaholic with only an hour or so to spare.

Your Past

The courts are less likely to award custody to the parent with a shady past. If you’ve committed a crime, used, or lived a lifestyle which the court may deem to be harmful, it significantly works against you. Although you may have completely reformed, the courts may fear a relapse.

Extended Family

Courts like kids to be surrounded by family. A parent who is estranged from their relatives will lose points against one who has caring, active members in the surrounding area. This’ll provide the child with extra support networks.

Where Does Your Child Want To Live?

By the age of 12 or 13, a child is considered old enough to have a say in where they want to live. Although, for the parent who doesn’t get picked, this can be a little heartbreaking, your kid will have a natural affinity with one of their parents; more so than the other. A child won’t get to decide, but their choice should be considered.


Do you have all the support a child needs: financially, intellectually, and emotionally? A parent with a stable income is crucial. You should also be the kind of person that a child could grow-up with and flourish. A kid needs intellectual stimulus, as well as emotional support, when things inevitably go wrong: children and relationship breakdowns are difficult to manage.

Primary And Secondary

Just because you don’t have primary care of your child, it doesn’t necessarily mean that you won’t see them a lot. The primary carer usually spends more time with the kid, but if you live nearby, there’s no saying that your child can’t spend two weeks with you, and two weeks with your ex-spouse. Contact handy family law websites like Switalskisfor advice on how joint custody could mean that you both enjoy parenting your child. If you’re determined to see your kid as much as possible, it’s important that you get legal advice.


Your house may play a deciding factor in who gets custody of the kids. Whoever has received the family property stands in a greater stead usually, as the court will not want to disrupt the child at an emotional time. The accommodation should be child-friendly and nurturing; not unclean and poky.


This article was written by freelance journalist, Ava Watkins, for family law company, Switalskis.

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