We told you in our prior post that you need to understand what motivates the court in a custody case. This is because the court is the decision maker. If you know what the court is looking to and for then you can prepare your case and make it stronger.
One of the main concerns is the best interests of the child. What does this mean? Your guess is as good as mine. There is no settled definition on the best interests of the child. It’s taken on a case by case basis, as it should be. Every family and every child is different. Courts run into problems when they start to cookie cut custody cases.
There is a bundle of characteristics that the court considers. Some of the factors are: emotional well being, physical well being, mental health; spiritual health; financial provision; discipline; adequacy of home environment; strength of bonds; opportunities, etc. As you can see all of these factors are very fluid. This means that your opportunity is wide open when it comes to helping the court to understand the best interests of the child.
Every day judges hear each side talking bad about the other side. That is not new. What is new is for parents to really focus on these characteristics. Thus, a parent in a custody case not only should convince the judge why they are “better” but also focus on the bundle of characteristics that would benefit the child. To learn more about how court’s look at the best interests of the child contact us at 505-407-0573 or email us at info@justicelegalgroup.com.