What do judges look for when granting either parent custody of a child

Asked almost 2 years ago - Akron, OH

I know a girl who is homeless, in between shelters and other houses, a homo-sexual, jobless, not mentally stable (bi-polar & schizophrenic, she is a habitual and pathalogical liar), violent, has history of domestic violence with girlfriend, substance abuse, has been to jail, has warrants in different counties and got beaten in front of her child. while the father is a business owner, with a stable home & room for the child, and tends to the childs every need, no warrants, no mental conditions, and can fully support the child

Attorney answers (2)

  1. Brian Scott Piper

    Contributor Level 15

    2

    Lawyers agree

    Answered . As noted by the other attorney, the basis that the Court uses is what is in the "best interest of the child". Also as noted, it may not be as black and white as it seems. While your perception is that the mother has all of these issues - it still must be proven to the Court. This is where the problems come in. What proof is there of these issues? Is the "evidence" of these problems heresay? (testimony of another who is not present which is offered to establish whatever that other person was talking about). Such testimony is not admissible and the Court will tend to give it little weight even if presented without objection. (Saying she is a habitual and pathalogical liar does not help the court - unless the witness is a qualified expert in psychology). This is why having legal representation is so important. The attorney can develop the evidence into a coherent presentation that will be persuasive to the Court. Hire legal counsel and follow their instructions.

    IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an... more
  2. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As a general rule, the court must determine what custody arrangements are in the best interests of the child, but the relevant factors are rarely this black-and-white. If the result is not obvious to the court, there must be more to the story.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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