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The Child’s Best Interest in Child Custody

There is one core idea that is often overlooked in child custody cases – it is not about you, as it is more about the child and the child’s best interest. According to the website of the Austin child custody attorneys of Kirker Davis, LLP, the best interest of the child can be ambiguous and inconsistent, because of the many factors that affect home life. But the child’s best interest can be determined using various factors, such as those enumerated below.

Abuse and Neglect

One of the most obvious factors is the history of abuse and neglect. A parent that has received allegations or has real instances of such things may receive less favorable responses from the courts. This is not surprising, as abuse and neglect can result into injuries, nutritional problems, and emotional and psychological responses from the child that may affect his or her development.

General Living Conditions

The court also considers the child’s future life with the parent, especially on aspects that are vital for dignified living, such as food, shelter, security, education, health, and recreation. The parent that has a better financial standing and can provide better living conditions is likely to have a more favorable response from the court.

Level of Adjustment

Not because you can provide more it already means that you will automatically be granted the better custody decision, because the court also considers the level of adjustment the child may make for his or her future life with you. As much as possible, the court wants the divorce and custody to have little effect on the child’s life.

Preference of the Child

The child also has a voice, whether he or she wants to go with the mother or father. But it is important to note that the child’s preference is not absolute, but it will be considered by the court in coming up with the decision. This is because the preference of the child obviously has a reason behind it, like for example, he or she may have a better relationship with the parent he or she has chosen.