Child custody and visitation matters can have many outcomes, but in all cases, the court must issue an order that serves the child’s best interests. However, there’s not always a direct path to reach the resolution. In many cases, the court must review facts about the parents, the child’s individual needs, and arguments from each party’s legal team. If you’re a parent going through a divorce, here are a few factors that can influence your child custody or visitation rights. 

What Circumstances Influence Child Custody & Visitation Orders?

1. Domestic Violence & Criminal Histories  

When a parent has a history of domestic abuse, the court will likely favor the non-violent parent to provide the safest care to the child. Criminal histories can have a similar impact if the offenses suggest a possible danger to the child—such as by exposing them to illicit drugs. If custodial rights are denied in these situations, a parent may sometimes qualify for visitation rights with or without supervision. 

2. Home Environments 

Family courts prioritize living arrangements that keep a child safe, secure, and healthy. As such, parents are subjected to court-appointed in-home evaluations to assess the living environment that’s available to the child. If a parent does not have stable housing, lives in a crowded dwelling, or has serious financial limitations, they may have difficulties obtaining custody.

3. Availability

If a parent is unable to provide time to care for a child, the more available parent may receive greater custody rights. For example, a parent who works full-time during the week may be granted custody only on the weekends when they have full availability.

4. Physical and Mental Heath 

In addition to providing ample resources and a safe living environment, a parent must show that they are physically and mentally capable of caring for a child. Individuals suffering from a chronic illness or untreated mental health condition may be considered too compromised to provide reliable care. Demonstrating effective management of these conditions can help improve one’s chance of receiving custody rights. 

5. Child’s Perspective  

If a child is old enough to understand the situation and express their thoughts, a judge may speak to them individually about their custody preferences. For example, if a child expresses interest in maintaining contact with both parents, the court may be more inclined to establish joint custody. However, a child’s preferences do not outweigh more serious factors—especially those that impact stability and safety. 

Providing family law representation for more than two decades, The Law Office and Mediation Center of Jeannine M. Talbot understands how to navigate the challenges of child custody. With a personalized and compassionate approach, this Torrington, CT, divorce lawyer aims to protect client interests, as well as preserve the best outcomes for children. Visit the firm online to learn more about these services or call (860) 482-9004 to schedule a consultation.