Custody of children is the most complex family law issue. It can be a part of a divorce suit with minor children or a separate suit between parents.
If parents disagree about which parent the children should live with, Courts or juries must decide the issue. Factors include the following:
- who has provided the primary care in the past,
- the child’s wishes;
- the current and future emotional and physical needs of the child;
- any current or future emotional and physical danger to the child;
- the parenting abilities of each parent;
- the programs available to assist each parent to promote the best interest of the child;
- the plans for the child by each parent;
- the stability of the proposed home; and
- any acts or omissions of the parent that may indicate parental unfitness, and any explanations for such acts or omissions.
While this list may seem limited, it invites a plethora of evidence to support custody to a parent. We try to help parents assess their custody case and to avoid litigation if at all possible. If trial is necessary, we tediously prepare the evidence, witnesses and arguments that best convey to the judge or jury the reasons our client should be granted primary custody of the children.