Who will likely be awarded custody?
2 attorney answers
This is an all-too common issue where one parent uses the threat of losing custody of a child to control the other parent. It's wrong. And so is he.
The standard is not financial ability. That is a factor, but it is one among very, very many. The real standard is what the best interests of the child are. And the factors considered are very many. If you have problems in your past, but you have moved beyond them for enough time to show your sincerity and determination, you are dealing with yet another silly threat.
You would be wise to speak with an attorney in your area who practices family law in order to get a detailed assessment of your case, but when you are dealing with such a severe degree of manipulation as you are, you need to do that immediately.
There exists no attorney-client relationship as a result of any post I make on this site. If you seek further information, you must contact the attorney of your choice and set up a time to meet with them in person. Regardless of the answer to the question set forth herein, same is meant only for informational purposes, and to assist the person asking the question in understanding the legal environment surrounding their case. The answer is not a substitute for retaining an attorney to review your case and to provide advice based upon a detailed review of same, and you should absolutely never use such information in efforts to represent yourself.
what occurs in life and what can be proven in court are too different things.
below is the list of factors the court usees when determining legal and physical custody.
Primary Care Giver - Who is the person who takes care of the child? Who feeds the child, shops for their clothes, gets them up for school, bathes them, and arranges day care? Who does the child turn to when they get hurt?
Fitness - What are the psychological and physical capacities of the parties seeking custody? The court may also consider evidence of abuse by a party against the other parent, the party's spouse, or any child residing within the party's household (including another child).
Character and Reputation
Agreements - Is there a custody agreement already in place?
Ability to Maintain Family Relationships - Who will be best able to help the child keep family relationships? Who is going to let the child speak with their ex-mother-in-law, for example? Who will not penalize the child for any bad action on the part of the other parent?
Child Preference - The decision of the court may be reversed on appeal if the judge will not hear the child's preference. However, the judge may choose to interview the child outside the presence of the parents. Though it is rare, the court will hear from a child under 7 years, and a child as young as 5 or 6 years of age may be heard. The child's maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard. A child of at least 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody. Additionally, the court has the power to appoint an attorney for the child in contested cases.
Material Opportunity - Which parent has the financial resources to give the child more things?
Age, Health and Gender of Child
Residences of Parents and Opportunity for Visitation - How close do the parents live to each other? How close do they live to members of the child's extended family? Which parent lives closest to the child's school and social circle?
Length of Separation - How long has the parent been separated from the child?
Any Prior Abandonment or Surrender of Custody - Is there a history of one parent walking out and leaving the other parent to cope with the child and the home? Which parent left when you last broke up?
this is general information and not providing specific legal advise nor is it creating an attorney/client privilege nor an attorney/client relationship.