If you’re in the middle of a custody dispute, or even just anticipating one, you probably have a lot of questions swirling around in your head. It’s completely understandable. After all, it’s not just about you anymore; it’s about your child, and you want to make sure you’re doing everything right.

Child custody decisions aren’t just pulled out of thin air. There are specific factors affecting child custody decisions that courts take into account, and these are designed to serve the best interests of the child.

You want to know exactly what the court is looking at, how they weigh each factor, and, most importantly, what you can do to ensure that the outcome is fair and reasonable for you and your child.

Here are the top factors that have an impact on child custody decisions:

Ability to Provide for the Child

The court isn’t going to gamble with a child’s well-being. They want assurance that your child will be taken care of, and if they don’t see that, they might lean toward granting custody to the other parent.

First and foremost, they are going to look at your ability to provide for your child. This means more than just money, although one’s finances play a big part.

They’ll want to know if you can provide a stable home, food, clothing, healthcare, and education. Basically, can you meet your child’s basic needs and give them the opportunity to thrive?

Now, you might be thinking, “I’m doing the best I can with what I have,” and that’s totally valid. But when it comes to custody, the court doesn’t just want to know that you’re trying.

They want to see that you can provide. This might mean showing them your income, your living situation, and your plan for how you’ll care for your child day-to-day.  

If you don’t make a strong case that you can provide for your child, you might find yourself on the losing end of the custody battle. 

Physical and Mental Capacity of Both Parents

A physical disability doesn’t automatically disqualify you from custody. The court will look at whether your disability impacts your ability to care for your child. If it doesn’t, then it’s probably not a factor.

The same goes for mental health. If you’re managing your mental health well and it doesn’t interfere with your parenting abilities, then you’ve got nothing to worry about.

On the other hand, if there’s a concern that your physical or mental health makes it difficult for you to meet your child’s needs, the court will take that into account.

The Child’s Preference

Believe it or not, your child’s opinion can play a role in custody decisions, especially if they’re older. This doesn’t mean that a 6-year-old gets to decide where they live, but as kids get older, maybe the ones in their preteens and teenage years, the court may take their preferences into account.

This doesn’t mean that the child’s preference is the final word. It’s just one factor among many. The court still has to look at the big picture and determine what’s best for the child. 

But if your child expresses a strong preference to live with you (or the other parent), the court will want to know why. Is it because they feel closer to you? Because they believe they’ll have more stability? Or maybe they just want to be where they feel most comfortable.

Also, the court will also be looking for any signs of parental influence. If they think your child’s preference is the result of one parent badmouthing the other parent or maybe even manipulating the child’s feelings, they’re not even going to give that much weight.

Majority Caregiver

Who’s been the primary caregiver up until now? If you’ve been the one handling the day-to-day responsibilities of caring for your child, that’s going to carry a lot of weight in the court’s decision.

The court doesn’t like to disrupt a child’s life more than necessary, so if you’ve been the one providing the majority of the care, they’ll take that into consideration.

Being the majority caregiver means more than just spending time with your child. It means being the one who’s responsible for their daily needs, like getting them to school, helping with homework, taking them to doctor’s appointments, making meals, and so on. 

If you’ve been the one doing all of that, then you have to make sure the court knows it.