What do Courts Look at in a Custody Dispute III

The third installment on our series we examine how courts consider either parents practical abilitities to care for a child by considering the capacity, age, and physical and mental health of the prospecitve caregiver.

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5. Capacity

This is generally a court’s exploration of employment responsibilities and the compatibility with that parents work requirements and their ability to provide childcare. It is a strictly time based inquiry. The parent that can spend the most time with the child is supported by this factor. Relevant issues include the ability to work from home, take the child to work, pick the child up from school, be home during the summer break, and the proximity of the parent’s worksite to the child.

6. Age, Physical and Mental Health of the Parents

Physical disability will only matter if it impairs a parent’s ability to care for a child. Evidence of serious mental or emotional illness may support a denial of custody in severe cases. In less severe cases the inquiry goes yet again into the stability of the home life provided for the child. Past mental or emotional problems will not bar custody without a showing that they affect the current home environment. Abuse of Drugs, prescription drugs, and alcohol may cause a parent’s mental health to be questioned; especially when backed up by DUI or other convictions. A parent’s use of alcohol without abuse will not adversely affect the parent. Age is rarely discussed and is not a prime consideration unless the age is so advanced it will impair the ability to raise a child.

Continue HERE for Part I of What Courts Look at in Custody Disputes

For Part II of What Cours Look at in Custody Disputes Continue Here