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What Does The Court Look At When Determining Custody?

A divorce is an ugly event and it can become all the more nasty if a child is involved in the divorce proceedings. There have been many instances where both the parents could not come to a common solution regarding the custody of the child. Under such circumstances the decision regarding the child custody is left with the judge who is expected to make a call depending on the best interest of the child.


There are several factors which plays a very important role in determining the custody of a child. Family lawyers in Brisbane can give you a brief account of the factors which play important role in influencing the judge’s decision.

Best interest of the child

By best interest of the child the court usually looks into factors which involves whether the child will have a safe place to live, will he be well fed and clothed and whether the caretaker will provide enough supervision. Factors related to the emotional support of the child and regarding the mental stability and financial condition of the parent will also be taken into consideration while determining a custody battle.

Other specific factors

In most cases the court is really prefers to award a joint custody to both the parents so that the child can have the attention and love of both the parents. However if that is not possible then the wishes of the parent as well of the child play a big role in the child custody case, if a child is old enough to make a decision.

Family lawyers in Brisbane play a lot of attention to a child’s relationship with his or her parent which has a direct effect on the fate of the custody case. Apart from that the child’s performance in school, his/her relationship with their friends and community also gives a glimpse into the mental and emotional well-being of the child. In most cases the court is likely to award primary custody to the parent living in the vicinity of a school.

Apart from the child’s on behavior in relation to his parents and community, the court also takes into consideration the mental health of the parents and their past criminal records. Other factors like the geographic distance between the parents home and whether one of the parents have been physically and mentally abusive towards any family member also plays a big role in influencing the court decision

In case you had a child with your partner outside of wedlock and wish to have the custody of your child, the court is most likely to grant the custody to the primary care taker unless you are able to establish the fact that the primary care taker is both emotionally and financially not fit to take care of the child. You can seek help from family lawyers in Brisbane who can at least grant you physical custody or a shared legal custody which will provide you with the right to make important decisions about your child’s upbringing and welfare.

New Way lawyers are a non-profit organization of family lawyers in Brisbane who has been extending its indispensable support to all the citizens of Brisbane in legal cases related to family law. It strives to help the every citizen of Brisbane irrespective of their gender or sexuality at the most affordable prices.

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