5 Factors over Which a Court Decides Who Gets the Custody of a Child

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Tuesday, August 03, 2021 / 02:54 PM / Sponsored Post by Chirstan Emely / Header Image Credit: Pexels

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As bitter as it may sound, when a divorce takes place, for whatever reasons, it breaks all individuals of the family. Some divorces happen out of aggression, and that is where the husband and wife do not even for once think about what their children might go through.


In some cases, one partner favors divorce while the other beliefs in talking out and sorting things out. However, that does not work and the partner files for divorce and forcefully keeps the children. Are you suffering to get your children's custody as well? Here are the factors over which the court decides child custody.


The Child's Age

One of the most important factors when it comes to child custody is the age of the child. If a child is grown enough to live without either one of the parents, it is completely okay for the court to decide custody under other factors considered for child custody. However, if the child is a newborn and is still on the mother's feed, separating the child from his mother is highly inappropriate.


Preference of the Child

At times, the child speaks up about his desire to be with either one of the parents after the divorce. The child's opinion can be considered, but that is only if the child is mature.  In other cases, the parent often tries to convince the child into living with them by making false promises and not fulfilling any of the promises, later on hurting the child's emotions.


Domestic Violence

Suppose either one of the parents has a history that includes any sort of domestic violence. Under this circumstance, the custody of the child will be given to the other parent. If required, when the child visits the parent accused of domestic violence, the visits will be restricted and supervised to protect the child from and mishaps. The very similar rules follow up for sexual abuse.

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The Child's Relationship with Parents

To obtain child custody, the parents hire a child custody lawyer in Houston. The court examines the child's relationship with both parents. If the child is more attached toward one parent than the other, it works a great help in deciding who should be given custody of the child. The child's well-being needs to live with the parent they are attached to.


Parents' Preference

In some cases, the parents get divorced on good terms without any personal hatred or grudges. In such a case, when it comes to child custody, the parent mutually decides and requests joint custody. Under joint custody, the child can live with any of his parents whenever he wants or whenever the parents want. This can also help strengthen parent and child bond.



Divorce is indeed a very tough decision, and it is followed up with a difficult phase of life, adjusting to life without one another. Children suffer the most in such cases. Child custody can be obtained after a court process. The court makes sure to hand the child over to the parent that can manage in all ways.

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