A range of influences can impact the final judgment in cps and child custody cases. These factors aid the judge in reaching a decision. The judges in family court are typically looking out for the best interests of the children concerned. The judge must also consider what sort of custody is appropriate. Although all of this is at the judge’s discretion, it can be amended if justified by changing circumstances.
- Sole custody-when a judge determines that the kid is better off living with one parent. A court is unlikely to order this form of custody unless there is a compelling justification for doing so. One of these strong reasons maybe because one parent is a druggie, aggressive, or a risk to the child.
- Joint custody-when both spouses share physical custody of the kid. During the summer, the kid may reside with one parent, but holiday trips and vacations are divided.
- Primary residential custody-when custody is granted to one spouse and visiting rights are granted to another.
Children’s best interests
This component considers practically something about the kid, particularly their habits, ages, and preference for which parent they want to live with if they are old enough even to express it. The majority of cps and child custody judgments are based on these criteria. Before making a final ruling, the court will generally review material obtained from different sources. This information will assist the judges in determining what is best for the children. Whenever the judge announces his judgment, he ensures that the situation in which the kid is placed is not harmful. The judges want to place the kid with the appropriate parent.
The situation of the parents
This involves both the mother’s and father’s circumstances. The judge will decide their education, job-specific training, and career history. The living environment and the stability of one’s home life are also taken into account. The court could even conduct a background investigation on the parents to see whether or not they have any crimes or criminal behaviour. The parents’ lifestyle and earnings will be scrutinized. Depending on circumstances, the judge may even order a drug test.
When Do Courts Usually Get Involved?
Authorities often respond to a parent’s substance misuse at a child custody hearing or even when concerns regarding potential drug addiction — and its effect on the children — were submitted to either the courts that granted the cps and child custody order.