Dealing with children can often be the toughest part of divorce. A no-fault divorce is available in all 50 states, according to the American Bar Association. Regardless, if there is a dispute over who the primary parent should be, you will still need a child custody lawyer. Here are some factors that often determine child custody during a divorce.

Living Conditions

As any child custody lawyer will tell you, the court will consider the living conditions of each parent. After all, children must have a clean, nurturing, and comfortable home. The parents should have a place to stay and be able to keep up with their rent or mortgage.

Criminal Record

Having a criminal record works against a parent fighting for custody. If that criminal record involved domestic abuse, that poses an even bigger concern for child custody. The parent with a clean or cleaner record is likely to get custody in this situation. If there is a restraining order against the other parent, their custody may be restricted to visitation.

Emotional Connection

Emotional connections also matter, especially once children can speak for themselves. At a certain age, children can tell the courts which parent they prefer to live with. Children may have a different emotional connection to one parent or the other. Such an emotional connection may often arise due to one parent being more involved than the other one.

General Stability

The court system will look at the general stability of each parent. Of course, the living situation is a part of what they look at. They’ll see what type of income each parent has. They’ll look at your stability in terms of relationships with the child and other people. In these cases, the judge may also rely on the testimony of family members, friends, neighbors, and medical practitioners who can testify to the parent’s character. Has the parent had a steady job, or are they constantly unemployed? Questions like this will be examined closely.

Your child custody lawyer wants you to understand everything involved in deciding where a child should live after a divorce. No matter what, the best interest of the child should always be first and foremost for the parents and the court. If you’re going through a divorce and are fighting for custody, contact Flynn Law today to work with an experienced child custody lawyer.