Child Custody Questions
Cape Coral, Lee County and all of Southwest Florida
What could prevent me from being granted custody of my children?
In cases where both parents are equally able to provide for the children’s emotional and physical wellbeing, the decision of who will have custody of the children can be a difficult one. However, if either parent has a negative history, the court’s decision will most likely swing in the other parent’s favor. You are less likely to be granted custody of your children if you have a history of:
- Drug abuse
- Alcohol abuse
- Criminal activity
- Physical abuse of the children
- Emotional abuse of the children
- Neglect
- Unsafe residence
Who determines custody of children after a divorce?
In divorce cases where both parents are contending for custody of the children, the decision of who will have primary or sole custody is left to the court. In these cases, the court may ask for the testimony of relative, friends, or social services experts, and may require:
- Financial records
- Inspection of living arrangements
- Background checks
- Personal testimonies
Often, if both parents are able to meet the children’s emotional and physical needs, the court will award joint custody of children.
Can children determine who they want to live with?
In many cases, particularly where both parents have a sound history of caring for the children, the court will take the children’s personal wishes into account when determining custody. If the child or children strongly desire to live with one parent in particular, it is possible and likely that the court will award that parent more time with the children, as long as the parent will be able to continue to care for the children after the divorce. If, however, the parent is lacking in parental abilities, or is unable to provide a stable home for the children, the children’s desire to stay with that parent may be overridden in favor of their safety over their preference.
Can parents determine between themselves who the children will live with?
If the divorcing parents of children are able to come to an amicable decision of who will have primary custody of the children, or how the children’s custody will be divided, the court will often condone this decision if there are no extenuating factors such as neglect or abuse. It is only in cases where the parents are contending for sole custody or more time with the children, or where one or both parents have history of alcohol abuse or poor parenting skills that the court will be likely to override a mutual decision.
Please contact Lusk, Drasites, Tolisano & Smith, P.A., if you have more questions about child custody in Cape Coral, Lee County or anywhere in Southwest Florida.
