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In joint custody battles, do courts tend to favor the mother…

In joint custody battles, do...
In joint custody battles, do courts tend to favor the mother over the father?
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Answered in 5 minutes by:
3/9/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,427
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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No, that's not necessarily true.

When it comes to custody, the court will use a standard known as the best interest of the child standard.

The best interest of the child standard contains several factors that the court will consider. These vary a bit by state, but generally include the following:

  • "Wishes of the child (if old enough to capably express a reasonable preference);
  • Mental and physical health of the parents;
  • If a child has special needs, how does each parent take care of those needs;
  • Religion and/or cultural considerations;
  • Need for continuation of stable home environment;
  • Other children whose custody is relevant to this child's custody arrangement;
  • Support and opportunity for interaction with members of extended family of either parent such as grandparents;
  • Interaction and interrelationship with other members of household;
  • Adjustment to school and community;
  • Age and sex of child;
  • Is there a pattern of domestic violence in the home;
  • Parental use of excessive discipline or emotional abuse; and
  • Evidence of parental drug, alcohol or child/sex abuse."

I hope that helps!

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Nisha Jones
Category: Family Law
Satisfied Customers: 3,427
Experience: Managing Attorney at Nisha Jones Law, LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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