Factors Courts Must Consider

Gillespie, Shields & Durrant

If parents cannot reach an agreement regarding the custody of their children, they will have to rely upon the judgment of their state’s family courts.  When presiding over a child custody cases, family court judges may award several different types of custody, which include sole physical custody, sole legal custody, joint physical custody or joint legal custody.  Before courts will grant one or both parents child custody, there are numerous factors they must consider.  Some of these factors include:

• each parents’ income
• each parents’ employment situation
• each parents’ mental and physical health
• the child’s current living arrangement
• the child’s current day-to-day schedule
• the child’s age
• the child’s sex
• the child’s health
• the child’s preference (if he/she is old enough)
• the quality of the child’s current living situation
• the ability of each parent to protect the child’s welfare
• the ability of each parent to protect the child’s health

After taking these factors into close consideration, the courts must determine which type of custody arrangement is in the best interests of the child.  The court is not supposed to act in the interests of the parents.  Rather, the court must remain committed to protecting both the safety and welfare of the child in question.  Once the court has considered various factors, it will decide which type of custody is most beneficial for long-term interests of the child.

Arizona Custody Attorney

Providing Legal Service to Clients in Phoenix, Mesa, Chandler & Gilbert

The knowledgeable Phoenix child custody lawyers at Gillespie, Shields & Durrant are ready to provide you with reliable legal counsel.  We are committed to protecting the best interests of children and parents throughout the state of Arizona.  Contact our law office today to set up an initial consultation!