Factors to consider in divorce and child custody

Factors to consider in divorce and child custody

On behalf of Aaron & Aaron, Attorneys at Law posted in Child Custody on Thursday, March 17, 2016.

Going through a divorce is never easy, especially when there are children involved. There are many factors to consider such as who stays in the matrimonial home and how to divide assets. However, the most important decision to be made is who will maintain custody of the children, or if there is to be joint custody, how long and when will they stay with each parent. Additionally, grandparents have rights too, and their visitation will also have to be considered. 

When the divorce is amicable, both parents are able to easily see beyond their own needs in order to put their child or children first. However, these sensitive decisions are not always easy, even when parents agree. Often, child custody cases will require a court ruling by a judge to determine the best course of action for everyone involved as they are able to impartially consider the welfare of the child.

A South Carolina judge will take numerous factors into consideration when determining which parent will get sole custody or if there is to be joint custody. Although every state has their own laws geared toward the best interests of the child, all states consider the physical and mental health of both parents, the relationship each parent has with the child, the ability to properly care and provide for the child, as well as any history of abuse.

Due to the very nature of child custody, the judge may not always make the right decision as they may not be aware of all the circumstances surrounding the child's daily life and other variables. If either parent disagrees with the decision, there are options available to dispute a child custody order. If you are currently going through a divorce or if you find yourself needing to modify an existing child custody agreement, it may be beneficial to seek the assistance of an attorney.