Kennedy Law Associates

Does a parent's living situation impact a court's decision?

When North Carolina parents are fighting for custody, they have many concerns. One of these is usually related to their living situation and how it can impact the way the court rules when it comes to custody. In fact, while there are differences from state to state, courts do look at certain aspects of a parent's living situation before they make their decision in a custody dispute.

When courts make a decision about child custody, they make it based on the child's best interests. However, they do consider certain things about a parent's living situation, such as the size and location of their home, the number of children the parent has in total and the child's age, gender and ability to adapt to new situations Courts want to know that children have a safe space to live that also provides them with privacy and comfort. In those cases, a large number of children in the house might mean less space for the child. The court might also not agree with the child rooming with older siblings, particularly if they are of the opposite gender. Gender is another aspect that comes up when the parent and child are of opposite genders.

While courts also consider a parent's special circumstances, such as perhaps a limited financial situation or even their age, they are even more interested in evaluation if the child is old enough to make the move and adapt to a new situation. If the child is happy and content, then the court might look favorably on the parent's desire for custody.

While some custody cases can be cooperatively resolved, some other cases are very complicated. Either way, parents fighting for custody might find the assistance of a family law lawyer very helpful during this process. The lawyer may be able to provide legal advice and representation.

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