What do courts consider when determining custody?

On Behalf of | Jan 2, 2020 | Family Law

As you prepare for your Arizona divorce, child custody likely represents one of your main concerns, especially if you and your spouse have not yet come to an agreement regarding this crucial issue. If you fear that (s)he will fight you on this issue at your divorce hearing, you definitely want to know ahead of time what evidence you will need to provide to convince the judge to give you custody of your children.

FindLaw verifies the truth of the saying that courts always look to the best interests of the child when determining custody. But “best interests” covers a lot of territory. For instance, you should present evidence of the following:

  • That you, not your spouse, oversee and cook most of your children’s meals
  • That you oversee your children’s day-to-day activities, including bathing, dressing, etc.
  • That you oversee your children’s homework and make sure they submit it on time
  • That you make, keep and provide the transportation for your children’s doctor and dentist appointments
  • That you oversee and provide the transportation for your children’s extracurricular school activities

Personal factors

The court also will want to know the following:

  • Has your spouse ever abused or neglected your children or abused you?
  • Does (s)he have a medical or mental health condition that makes him or her an unfit parent?
  • Does (s)he have a drug or alcohol problem?
  • Does (s)he have a bad temper that (s)he often fails to control?
  • Does (s)he fail to interact with your children in a loving and appropriate way?

This is general educational information and not intended to provide legal advice.