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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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In joint custody battles, do courts tend to favor the mother

Customer Question

In joint custody battles, do courts tend to favor the mother over the father?
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. It will be my pleasure to assist you.Not at all. Courts do not favor either parent. Instead, the standard is "best interest of the child." Among the factors a judge may consider include, but are not limited to, who the primary caregiver of the child is, preservation of status quo (courts tend to not want to interrupt the living situation a child is accustomed to if possible), the ability of a custodial parent to have adequate child care, the ability of each parent to support the child, which parent will foster a good relationship between the non-custodial parent and child, the wishes of the child (in an older child), and whether there has been any history of violence or abuse. Should you have any follow-up questions, please use the REPLY feature, and I'll be happy to assist you further. Thank you.
Customer: replied 1 year ago.
Hi. Okay so what are some factors that they may consider? Would they consider history of grandparents? those living with either parent? How does the financial stability of each parent play into this?
Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply. I apologize for the delay in responding, however I am out of town and have not had an internet connection in days. To answer your follow-up questions:
In North Carolina, courts must decide child custody by evaluating what “will best promote the interest and welfare of the child.” (N.C.G.S.A. § 50-13.2(a).) Courts determine the interest of a child by examining all of the relevant factors of the child’s domestic life. North Carolina law does not list all of the factors that will be considered, but does mention several helpful examples, including whether domestic violence has occurred or will occur, as well as the overall safety of the child. Other examples of factors may include the child’s current living arrangement and relationship with both parents, each parent’s ability to provide for the child, and whether each parent creates a stable home environment.
Some questions a court may consider include:
What is the child's age?
Who assumed primary responsibility in caring for the child during the marriage?
Who would feed, bathe, clothe, and teach the child during the week?
What is the work schedule of each parent who works outside the home?
What is the physical, emotional, and parenting ability of each parent?
With whom is the child bonded psychologically?
Is either parent trying to prevent the child from continuing a relationship with the other parent?
Is either parent trying to use the child just to hurt the other parent?
Is either parent really unfit, unwilling, or unable to properly and appropriately raise the child?
The grandparents aren't really a factor unless the child is going to be around them and there is concern to the child's health or safety. For example, if grandpa on the father's side was a heavy drug user and dad insisted on having grandpa watch the child, that's something the court needs to know about. If you give me a better idea as to what the situation with the grandparents is, I may be better able to answer.
As far as financial stability, while a court obviously isn't going to deny custody to a parent just because they don't make a lot of money or don't make as much as the other parent, a court wants to make sure, can that parent properly care for the child? Do they have housing for them? A place to sleep? Food to eat? Things to keep the child entertained? If a parent is homeless or cannot keep a job, that is something a court will look at, because both parents must contribute to the financial needs of the child.